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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 2/19/2004AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL FEBRUARY 19, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 San Jacinto Valley Academy 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report / Recap of 1/22/04 and 2/5/04 Public Comments 3. PUBLIC HEARING 3.1 Annexation of Property to Landscaping, Lighting and Park District (LLPD) No. 2 - Annexation No. 14 (Mt. San Jacinto Junior College) / City Attorney 3.1.1 Resolution No. _ / A Resolution Initiating Proceedings for the Annexation of Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt 3.1.2 Resolution No. _ / A Resolution Approving the Engineer's Report for the Annexation of Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt 3.1.3 Resolution No. / A Resolution Declaring Intention to Annex Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt City Council Agenda February 19, 2004 Page 2 of 3 3.1.4 Public Hearing / At the conclusion of the public hearing if the City Council determines that a majority protest does not exist, adopt Resolution No. _ / A Resolution Ordering Annexation of Territory to LLPD No. 2 and Levying Assessments 4. CITY DEPARTMENTS 4.1 Police Activities League (PAL) Building Location and Structure Materials / Select building site and Authorize staff to solicit proposals for a traditional wood frame building / Community Development Director 4.2 Burn Policy / Direct staff / City Attorney & Community Development Director 4.3 Skyview Lane Landscape / Direct staff and recommend funding source / Public Works Superintendent 4.4 Developer Deposit Policy / Resolution No. _ / A Resolution authorizing the establishment of a deposit program for expedited review of development projects /Approve and Adopt / city Attorney 4.5 Resolution No. / A Resolution amending the City's Local Guidelines for Implementing the California Environmental quality Act (Pub. Resources Code § 21000 et seq.) / Approve and Adopt / City Attorney & Community Development Director 4.6 Final Principles for Water Management / Discuss and ratify committee's approval of "Final" Principles of Water Management / City Attorney — Special Counsel 4.7 Painting of City Hall / Ratify City Manager's decision to review this capital request in the context of the budget process / City Manager 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 02/19/04 / Approve / Finance Director 5.2 February 5, 2004 Regular Meeting Minutes / Approve / City Clerk City Council Agenda February 19, 2004 Page 3 of 3 5.3 Ratification of City Manager's Approval and Execution of Kammeyer and Associates' Contract to conduct ongoing Landscape Plan Checks and Inspections / Approve / Community Development Director 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) or more cases 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 9. Vow 4, elcoui.raad, eireF &MI6 od else eitet od Sa.a paehtto, do 40re4 an* time 7 eaaaed to 6e footed the 04e94 1 agenda tlaa le dart' od �eIv aa4f, 2004 as ' eg €t ed 4 &a, AGENDA ITEM 3 ( February 19, 2004 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Annexation of Property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto — Annexation No. 14 (Mt. San Jacinto Junior College) RECOMMENDATION: 1. Adopt the following resolutions: a. Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 14") b. Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 14"). c. Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 14"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, adopt Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. BACKGROUND: In connection with the street improvements along Eagle Drive and Country Village Drive, the City has required that the property adjacent to such improvements be annexed to Landscaping, Lighting and Park District No. 2 to finance the cost of maintaining and servicing street lighting along Eagle Drive and Country Village Drive, which will benefit the adjacent property owned by the Mount San Jacinto Junior College District. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of maintenance of the street lighting and incidental expenses of the assessment district. ORANGE1JR18963.1 Staff is recommending that the City Council take all action that is necessary to annex the Mount San Jacinto College property during the City Council meeting on February 19, 2004. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the Mount San Jacinto College property to Landscape, Lighting and Park District No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for February 19, 2004. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the Mount San Jacinto Junior College District, the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on February 19, 2004. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District will finance the cost of maintaining and servicing the street lights that will benefit the annexed property. BUDGETARY IMPACT: No cost is attributed to this action. ORANGE\JR\8963.1 AGENDA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (ANNEXATION NO. 14) AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and servicing of street lights and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2003-04 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. ORANGE \JR\8942.i SECTION 2. The Improvements shall include the following: (a) the installation or construction of public lighting, facilities; SECTION 3. (b) the installation or construction of any facilities which are appurtenant to any improvements listed in subsection (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. The property to be specifically charged for the maintenance and servicing of such improvements is generally located at the northeast corner of Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside, is identified by Riverside County Assessor's Parcel Number433-050-011, and shall be designated "Annexation No. 14 to Landscaping, Lighting and Park District No. 2". SECTION 4. The property described in Section 3, which is proposed to be included within the proposed boundaries of Annexation No. 14 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. SECTION 5. GFB-Friedrich and Associates, Inc., the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Section 2 hereof during fiscal year 2003-04. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. ORANGE \JR\8942.i ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGE\JR\8942.1 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19' day of February, 2004, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGE\JR\8942.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 14) WHEREAS, on February 19, 2004, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1. SECTION 2. The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and servicing of street lights and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of passage of Resolution No. , are hereby preliminarily approved and confirmed. ORANGEUR18958. I SECTION 3. SECTION 4. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 14 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGEUR\8958.1 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of February, 2004, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGE\JR\8958.I ENGINEER'S REPORT Annexation No. 14: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: February 19, 2004 Confirmed Date: February 19, 2004 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 14 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.); the installation, operation, maintenance and servicing of municipal parks; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights -of -way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2003-2004, that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's Report," which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No. 14 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 14 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcel of land that is located adjacent to the street lighting that will be funded by this assessment district. Said parcel of real property included within the District is described in detail on maps on file in the Riverside County Assessor's office or by an Assessor Parcel Number description. Zones The 1972 Act provides for areas within a district to be classified into different zones. Annexation No. 14 to Landscaping, Lighting and Park District No. 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the street lighting improvements and facilities within this zone, will be separately determined, and incidental costs will be prorated and added to determine the total cost. This zone is comprised of one parcel of land on which Mount San Jacinto College is situated and is designated as Zone 14. Future annexations will be assigned Zone designations; e.g. Zone 15, Zone 16, Zone 16A, Zone 17, etc., as appropriate. IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report." Said description is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. Zone 14 Improvements The improvements included in Zone 14 to be installed, operated, serviced, and maintained are street lights. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No. 14 are on file in the office of the City Clerk and are incorporated herein by reference. FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 14, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B", attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility, and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 14 Notes: 1. Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements. Said method is described in the "Master Engineer's Report" and is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report." Said formula, including but not limited to, the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment of Public Property is included within this report by reference. Such facilities include street lights. All of said facilities require maintenance for which the parcel designated by Assessor Parcel Number 433-050-011 will be assessed for funding through Landscaping, Lighting and Park District No. 2, Annexation No. 14 (the subject of this Report). LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles - Anaheim -Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7.5 %). The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884. ASSESSMENT SPREAD The individual Zone 14 assessments, tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements described in the "Improvements" section of the report for Annexation No. 14 for fiscal year 2004-2005 is estimated to be $481.97 . The maximum annual assessment for the 2004-2005 fiscal year is $481.97 for the single parcel. LLPD No. 2 - Engineer's Report 3 Annexation No. 14 IRID CH ASSOC., INC. JOHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER Date: Z — .5 -/94- LLPD No. 2 - Engineer's Report 4 Annexation No. 14 APPENDIX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread In= l If EiIlJT A- 11 MOUNT SAN JACINTO COLLEGE AIM 4 a-.1I ill. 1 ',I III III lI I � II! -_- _ II - ---�1L - --------------------- - - _- _ -I- - _ - _ - _ - - - __ - EIV_IIE59Y --Y - RAYON- - n r---- BOUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 14 /N the CITY OF SAM JACNVTO FISCAL YEAR 1004-1001 ZONE 14 VICINITY MAP nor LIT. V1Y V Ta mr oMavMrs LIwi" r T svv� e°� v WWI LI Tl um OF TO LOOT MR mrlr YOWL ROT vvn a,._m Off WORM Iv WWI w a Moor slw Rif rnTT /WOW=1LIQl NilA ® IN X CLOT V Mnvaa I®Y NI6 Ile L Y ii Nt YC11Of 0 MOM It �=WI Off a IL Mnnr i M soon nn% u n[ LI TO LIMY v x LITIE= mow IYmt ll o-W WWII LIMO won YIIY Moran OLIO Mmov TsnieTscALE .w: rMr - a CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 11 (Zone 14) COST ESTIMATE Item Quantity Unit Unit Cosa Month Street Lights - - Landscape Maintenance Storm Drain Maint. Graffiti Removal TOTALS Cost/Mo. Costar. CosUMo. CostlYr. CosUMo. Cost/Yr. CosUMo. Costar. Cost/Mo. CostYr. Per Month Per Year Mount San Jacinto College (1 Parcel) Street Llahls $38.48 - .24) ..1519 519.24 51.92 521.16 52.92 52.67 52.08 54.17 52.17 51.67 53.33 $461.76 (5230.86) 5230.88 $23.09 5253.97 535.00 $32.00 525.00 550.00 $26.00 520.00 540.00 - 50.00 50.00 50.00 $0.00 $0.00 50.00 50.00 50.00 50.00 $0.00 'a:. _.-, 50.00 f0.00 E0.00 $0.00 50.00 50.00 50.00 50.00 SO.60 f0.00 � 50,00 S0.00 50.00 $0.00 $0.00 f0.00 50.00 f0.00 f0.00 50.00 ,: 50.00 50.00 50.00 $0.00 50.00 50.00 50.00 $0.00 50.00 50.00 ..._ .. .., $0.00 50.00 50.00 50.00 $0.00 50.00 50.00 50.00 EO.00 50.00 .._... , $0.00 50.00 50.00 50.00 $0.00 50.00 50.00 50.00 t0.00 E0.00 _ $0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 E 50.00 f0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 50.00 50.00 50.00 $38.48 .,:.� (519.24) 519.24 51.92 $21.16 52.92 52.67 $2.08 $4.17 52.17 51.67 E3.33 S461.76 (f•23b.118) $230.88 523.09 S253.97 $35.00 532.00 S25.00 550.00 526.00 520.00 $40.00 9,5001umen -�ellt.'E9:621Ligh1 4 Ea. $9.62 Less Gert�ta6ehx Z UgtitS�=1r Subtotal, Maintenance and Servicing Contingency (10%) TOTAL, Maintenance and Servicing Incidental Costs .. ,:.,. Assessment Engineer Legal Counsel City Administration City Inspection Costs Counly Collection Fees Miscellaneous 1 1 1 1 1 1 1 L.S. L.S. L.S. L.S. LS. L.S. L.S. 535 l yr 532 /yr 525 I yr 550 / yr 526 / yr 520 Iyr 540 I yr Reserve Fund TOTAL, Incidental Costs 5228 I yr 519.00 0.00 $228.00 0.00 $0.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 SO.00 0.00 f19.00 0.00 5226.00 0.00 Contributions to the District TOTAL AMOUNT TO ASSESSMENT E40.16 5481.97 50.00 SO.00 50.00 E0.00 EO.06 50.00 S0.00 f0.00 $40.16 $481.97 Assessment per Lot = 5481.97 February 3, 2004 6.1 Exhibit "6" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 14 (Zone 14) ASSESSMENT SPREAD Parcel Identification (APN) Property Owner Name Existing Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) Mount San Jacinto (One Parcel) 433-050-011 College IMt. San Jacinto Jr. College District R1 nla 1.00 $481.97 $0.00 $0.00 $0.00 $0.00 $481.97 $481.93 TOTALS 1.00 $481.97 $0.00 $0.00 $0.00 $0.00 $481.93 Current Ownership: Mount San Jacinto Junior College District Address: 1499 North State Street, San Jacinto, CA 92583 February 3, 2004 C-1 Exhibit "C" 1.3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2003-2004 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON (ANNEXATION NO. 14) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and servicing of street lights and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lights and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the same Improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No.1. WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANGE\JR\8962.1 SECTION 1. Findings. The City Council of the City of San Jacinto finds that: SECTION 2. (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report") contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2003-2004 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and servicing of street lights and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lights and appurtenant improvements; (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1, and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2003-2004 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by ORANGEUR'8962.1 and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 14 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 14 is all the property which is identified by Riverside County Assessor's Parcel Number 433-050-011. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 14 will be designated as Zone 14 of the District ("Zone 14"). The boundaries of Annexation No. 14 or Zone 14 are further described and shown in the Report. The territory included within Zone 14 is generally located at the northeast corner at Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1. SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 14 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 14 for fiscal year 2003-2004. SECTION 6. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 14 or ORANGEUR\8962.1 SECTION 7. SECTION 8. Zone 14 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 14 or Zone 14, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. Hearing. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No.1, and the assessments which are proposed to be levied for fiscal year 2003-2004 is set for 7:00 p.m. on February 19, 2004, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. Notice of Hearing and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 14 or Zone 14 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice ORANGEUR\8962.1 shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 14 or Zone 14 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. APPROVED, ADOPTED AND SIGNED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGEUR\8962.1 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of February, 2004, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGEUR\8962.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND LEVYING ASSESSMENTS (ANNEXATION NO. 14) WHEREAS, on February 19, 2004, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 14" and "Zone 14," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the repqrt of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2003-04 upon assessable lots and parcels of land within the territory which comprises Annexation No. 14 to and Zone 14 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. , the City Council directed the City Clerk ("City Clerk") to cause notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon to be mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANG EU R18975. I SECTION 1. Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 14 is described in the Report and includes all of the property which is identified as Riverside County Assessor's Parcel Number 433-050-011 and generally located at the northeast corner of Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside. SECTION 3. Improvements. The improvements within and for the Assessment District and which shall be provided for Zone 14 of the Assessment District through the assessments levied annually on property therein shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; SECTION 4. (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 14, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 14 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 14 of the Assessment District. The territory comprising Annexation No. 14 and Zone 14 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto to the extent included within Landscaping, Lighting and Park District No. 1. ORANGEUR18975.1 SECTION 5. SECTION 6. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 14 of the Assessment District for fiscal year 2003-04 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 14 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 14 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index -All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 14 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 14. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. APPROVED, ADOPTED, AND SIGNED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ORANGEUR\8975.1 ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19t" day of February, 2004, by the following vote: Ayes: Nays: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGEUR\8975.1 AGENDA ITEM 4. 1 February 19, 2004 TO: The Honorable City Council FROM: Tim Hults, Community Development Director SUBJECT: Police Activities League (PAL) Building — Location and Materials RECOMMENDATION: By motion, select a location and authorize Staff to solicit proposals for a traditional wood frame building for the new home of the San Jacinto PAL program. BACKGROUND: On December 4, 2003, the City Council reprogrammed $40,000 toward the relocation of the San Jacinto PAL program and the installation of a modular building to house the PAL activities. The reprogramming action, coupled with a similar action ($60,000) by the Riverside County Board of Supervisors, provides for a relocation and building acquisition budget of $100,000. On December 18, 2003, Council authorized Staff to explore locations for the PAL building and to explore construction materials other than a modular building. LOCATION Staff has analyzed potential locations for the proposed PAL facility and suggests that two locations be considered, Monte Vista Middle School and Sallee Park. The attached aerial map identifies the specific locations within each facility for the proposed building. On the Monte Vista campus, the proposed location is along First Street, southwest of and outside the fenced area of the track. At Sallee Park, the proposed location is south of the ball diamond and swimming pool in the open grass area of the park. Page 1 of 3 Both locations have their pros and cons. Below, will be a discussion of the pros and cons of each location. Monte Vista Campus The proposed location on the campus is where former Valley Wide Teen Center was housed. As such, all the necessary utilities to serve the site are in place and could be easily connected the proposed building. Additionally, the site is readily accessible and highly visible as it fronts on First Street and is adjacent to the parking lot for the church and skate park. However, the site has an old slab that would have to be removed, and is located away from the recreational facilities of the park. Additionally, there is some question as to whether the School Board would support the use of the campus for the PAL building, and if so, there would likely be significant restrictions placed upon use by the school district, such as limitations on the hours of operation (open when school is not is session) and limitations as to who would be allowed to enter school property to access the facility. Sallee Park As stated above, the proposed location at Sallee Park is the open grass area south of the ball diamond and pool. Within this area of the park, there is adequate room to accommodate the proposed building. Additionally, the existing recreational improvements would compliment the PAL operation and the range of activities offered by the PAL program. Furthermore, the City would dictate the hours of operations and any use limitations. The problems associated with Sallee Park include the modification and disruption of the newly renovated facility, the lack of utilities at the park to serve the building, the cost to extend the utilities and cost of site preparation to serve the building. Site preparation would include excavation work for the foundation, excavation of trenches for the water, sewer and electrical lines, and any flat work for walkways and steps. The site preparation is estimated $30,000. This cost could potentially be reduced if City crews conduct the site preparation and do not include such activities in the contact for the project. Additional positives with Sallee Park, are that the building would be a permanent addition to the park, would provide an element of additional security at the park, and park funds could contribute toward the construction of the building and site preparation should the project exceed the amount budgeted. MATERIALS Staff recommends that the City Council authorize the construction of 3,400 square -foot wood frame and stucco building on a slab. The wood frame and stucco building is substantially more aesthetically pleasing than either a modular building or metal building. Additionally, the wood frame and stucco building has a longer useful life than the other two methods and is generally more energy efficient. Page 2 of 3 Staff has contacted a number of builders to ascertain if a 3,400 square -foot wood frame and stucco building could be constructed within the PAL program's budgetary parameters. All the builders contacted indicated that such a building could be built within the PAL program's budget parameters. However, all indicated that the extent of interior partition walls, flooring, electrical fixtures and outlets, plumbing fixtures and outlets, mechanical heating and cooling equipment will dictate the overall cost of the building. As such, it was suggested that the PAL program solicit volunteer labor and/or donations of materials to help lower the cost to ensure the project stays within budgeted objectives. JUSTIFICATION: Either location is sufficient to accommodate the PAL program. Additionally, each location has both positives and negatives associated with it. The use of wood frame and stucco is more aesthetically pleasing than either a modular building or metal building. Additionally, the wood frame and stucco building has a longer useful life than the other two methods and is generally more energy efficient. BUDGETARY IMPACT: Both the City and County have allocated CDBG funds toward the project in the amount of $100,000. Park Development funds could be allocated provided Sallee Park is selected as the suitable location and the project costs exceed the budgeted amount. ATTACHMENTS: Aerial Photograph showing the proposed locations Page 3 of 3 - FIRST maw Potential PAL Location r �aFIRST ST Potential PAL Location WST - 10,111.7 'E ONDST."I` !AAII;r ST MAIN ST AGENDA ITEM 4• February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney and Community Development Director SUBJECT: Burn Policy RECOMMENDATION: Take the following action in the order listed: 1. Direct City staff as to Council's desire for modification, if any, to City's Burn Policy. BACKGROUND: The City's Development Code provides that if a building containing a non -conforming use is destroyed by certain catastophies such that 50% of the value of the structure needs replacing then it cannot be re -built, except in accordance with the current development code requirements. Recently, this policy has been questioned as the result of a property owner apparently being unable to sell property as the result of lenders apparently being unwilling to provide a loan secured by such property. As the attached table indicates, the limitations on reconstruction following catastrophic events generally can be characterized as some variation of the following: Ability to rebuild if damage is below a specified amount: Hemet (50%), San Jacinto (50%), Colton (50%), Indian Wells (75%), Temecula (50%) Ability to rebuild, subject to discretionary review: Moreno Valley (Administrative Site Plan); Murrieta (Minor CUP, if over 50% damaged); Ontario (Planning Commission hearing if over 50% damaged) Nearly unrestricted ability to rebuild: Riverside County (subject to amortization period), Long Beach (no increase in floor area) Page 1 of 8 S:\jsb\San Jacinto\Burn Policy Staff Report.doc City Manage Finance Director: JUSTIFICATION: The City staff needs direction as to the City Council's desire on this policy. BUDGETARY IMPACT: The approval of this resolution will likely have no budgetary impact. ATTACHMENTS: Description of other cities and Riverside County's non -conforming use provisions Page 2 of 8 S:\jsb\San Jacinto \Burn Policy Staff Report.doc City/County Code Section Ordinance Text Hemet 90-61(a) Whenever a structure which does not comply with the minimum development standards and site development requirements for the zone in which the structure is located, is damaged by fire, calamity, act of God or by the public enemy to the extent of 50 percent or Tess of the value of the structure as determined by the building official, based upon the latest International Conference of Building Officials Building Valuation Data Table, the structure may be restored. The restoration shall be started within 12 months from the date of damage and diligently pursued to completion. When the damage exceeds 50 percent or the structure is razed for any reason, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located. (Ord. No 1585, § 8-25-98) Riverside County 17.184.090(B) The provisions of this chapter [generally limiting increases to 25% of floor area, but imposing objective time limits on continuance of nonconformities] shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God; provided, however, any such rebuilding, reconstruction or repairing shall not extend the period of nonconforming time in which the use must be eliminated. (Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.8(h), (i)) Moreno Valley 9.02.180(G) 1. Whenever a legal nonconforming use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or less, the improvement may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed. 2. If the use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or more, the use or improvement may not be restored except as provided for below in subparagraphs 5, 6, 7 and 8. *** 4. Any legal nonconforming improvement rebuilt after S:\jsb\San Jacinto\Burn Policy Staff Report.doc destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. 5. In any district, a legal nonconforming residential use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 6. In any district, a legal nonconforming place of worship or other quasi -public use or improvement destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 7. In any commercial district, a legal nonconforming commercial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 8. In any industrial district, a legal nonconforming industrial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 9. Any legal nonconforming use or improvement restored after damage and allowed within this section is subject to review under an administrative plot plan and shall adhere to the following findings: a. The proposal shall not be for the purpose of increasing the number of living units on the property. b. The proposal shall benefit the health, safety and welfare of the occupants on the site, and not be detrimental to any surrounding properties. c. The proposal shall be architecturally compatible with the existing building. d. The proposal shall not displace required on -site parking, landscaping or other conforming Municipal Code requirements. e. Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. Colton 18.46.040 S:\jsb\San Jacinto Burn Policy Staff Report.doc Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an Indian Wells Long Beach M urrieta 21.90.030(e) 21.27.090 16.32.050(B) S:\jsb\San Jacinto\Burn Policy Staff Report.doc extent of more than fifty percent of its replacement cost at time of destruction, it shall not reconstructed except in conformity with the provisions of this title. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992) A non -conforming building and/or structure which is damaged or partially destroyed by fire, explosion or man - induced or natural disaster to the extent of more than seventy-five percent (75%) of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this division. (Ord. 387 §1, 1996) Any building containing a nonconforming use or any nonconforming structure may be repaired and restored to its nonconforming state if the need for repairs or restoration shall be the result of fire, explosion, earthquake, imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or abatement of earthquake hazard in accordance with City regulations. Such restoration shall comply with the following conditions: A. Level Of Restoration. The damaged use or structure may be repaired or rebuilt to the area and footprint of the previous use or structure. Alternatively, the use or structure may be repaired or rebuilt to a more conforming area or footprint. B. Additional Floor Area Added. If during restoration and/or reconstruction additional floor area is added, the use or structure shall abandon its nonconforming status. C. Time Limit. The repairs must be commenced within one year of the event causing damage to the use or structure, and the repairs must be diligently pursued until completed. (Ord. C-7663 § 5, 1999). If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied only as follows: 1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of Ontario 9-1.0710(b) S:\jsb\San Jacinto\Burn Policy Staff Report.doc damage or destruction and is diligently pursued to completion; and 2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration. (Ord. 182 § 2 (part), 1997) A legal nonconforming structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than fifty percent (50%) of fair market value or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within six (6) months, unless extended by the Zoning Administrator, and diligently pursued. In the event that the cost of repairing such damage exceeds fifty percent (50%) of the value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density subject to the following conditions: (1) The Planning Commission, after holding a public hearing, finds that continuing the nonconforming use will not result in an annoyance to and/or reduction of, any surrounding property. A public hearing and Planning Commission findings, pursuant to division (b) of this section, shall not be required for a parcel of land that is designated for a residential land use on the General Plan and contains six (6) or fewer dwelling units; (2) The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official; and (3) The restoration is commenced within six (6) months and diligently pursued to completion. (4) Nothing in this section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance. A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of ninety (90) or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code. Temecula 17.03.070(G) 1. Whenever a structure which does not comply with the development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the development standards for the zone in which the structure is located, or the use of which does not conform with the development standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent or more, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the development standards for the zone in which it is located and the nonconforming use shall not thereafter be resumed. 2. The extent of damage or partial destruction shall be based upon the ratio of fifty percent of the estimated replacement cost of restoring the structure to its condition prior to such damage or partial destruction, or to fifty percent of the estimated cost of duplicating the entire structure as it existed prior to said damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official, and shall be based on the minimum cost of construction in compliance with the city's building code as the same exists on the date the estimates are submitted. 3. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily S:\jsb\San Jacinto\Burn Policy Staff Report.doc residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. (Ord. 95- 16 § 2 (part)) S:\jsb\San Jacinto\Burn Policy Staff Report.doc AGENDA ITEM 4.3 February 19, 2004 To: The Honorable Mayor and Members of the City Council From: Robert Lavin, Public Works Superintendent Subject: Skyview Lane Landscape RECOMMENDATION: Provide direction to staff on the options herewith presented for consideration in order to provide landscape improvements for the small, narrow planter area located across from Skyview Tot -Lot. BACKGROUND: A narrow planter bed exists on Skyview Lane that is not landscaped and undeveloped in this neighborhood. The planter sits behind the block wall with no access for the homeowners to make improvements on their own. Minimal landscaping here will give a completed image to the adjacent Skyview Park. The following four options are: 1. Mulch only (0 cost), or; 2. Install shrubs (Texas Privet) with wood chips, water meter and sprinkler system ($4,250),or: 3. Stamped -concrete only ($6,000). The following would also need to be considered: 1. Landscape maintenance of parkway, once developed, would be $150- $200 a month 2. Remove or relocate up to two (2) utility boxes to deter vandalism. a. Electrical pedestal — $2,100 (City owned) b. Cable TV box — zero cost c. Relocate telephone box — has been replaced, cannot be lowered per Verizon JUSTIFICATION: Improve and beautify the area with minimal costs to the City and give a completed image to the adjacent Skyview Park. BUDGETARY IMPACT: Cost for landscape improvements is between $4,250 - $6,000; the only viable source of funding for this type of improvement is the unreserved, unrestricted general fund. However, City Manager does not recommend the use of general fund moneys for this type of public improvement. No funds are available in the LLPD No. 1, for this type of improvement. This district has historically had on- going deficits. It must also be considered that if improvements are made, an additional $150 - $200 will be incurred in maintenance cost in the LLPD No. 1 ATTACHMENTS: None AGENDA ITEM 4.4- February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Developer Deposit Policy RECOMMENDATION: Take the following action in the order listed: 1. Adopt Resolution of the City Council of the City of San Jacinto, California Authorizing the Establishment of a Deposit Program for Expedited Review of Development Projects BACKGROUND: At a recent Special City Council meeting, the City Council expressed a desire to see from City Staff an interim solution to the increased toll on City staff resources that have resulted from a high number of development applications within the City. The accompanying resolution and sample deposit agreement establishes such a deposit program whereby a project applicant may provide a monetary deposit (pursuant to an agreement) to the City. The deposit would be optional for developers who wish to participate and mandatory if, in the opinion of the City Manager, additional resources are needed in order to comply with state mandated time frames for processing development applications. The deposit would be used by the City to retain consultants that can assist in the expedited review of a development project. The resolution and agreement expressly recognize that the consultants would be those of the City and not the project applicant. Because the deposit would only be used to pay for actual costs incurred by the City, the deposit does not constitute a development impact fee for which an AB 1600 analysis needs to be performed. JUSTIFICATION: The adoption of this resolution is necessary in order to ensure that development projects are timely processed at no additional expense to the City of San Jacinto. Page 1 of 2 RVPUB\JSB\667oyo.i BUDGETARY IMPACT: The approval of the policy will have a positive budgetary impact because it will ensure that development "pays its own way", rather than relying on general fund moneys. ATTACHMENTS: Resolution Resolution of the City Council of the City of San Jacinto, California Authorizing the Establishment of a Deposit Program for Expedited Review of Development Projects RVPUB JSB1660194 RVPUB\JSB\667o7o.i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A DEPOSIT PROGRAM FOR EXPEDITED REVIEW OF DEVELOPMENT PROJECTS WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article IX, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, a tremendous increase in the number of development approval applications has recently affected the ability of the City to process such applications within timeframes that the City Council deems appropriate; and WHEREAS, the City Council of the City of San Jacinto wishes to establish a development project deposit policy in order to alleviate the hardship on applicants and City staff caused by the recent increased development approval applications; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Deposit. Upon request by any applicant for a "development project", as that term is defined in Government Code section 65928, or in the event the City Manager or designee determines that any additional consultant(s) would be necessary in order to meet the time requirements set forth in the Permit Streamlining Act, such applicant shall provide to the City a deposit in cash, cashier's check or money order to be used by the City to retain the services of such planning, environmental, engineering, legal or other consulting services as may be deemed appropriate by the City Manager, or designee. The amount of the deposit shall be determined by the City Manager, or designee based upon factors including, but not limited to, the number and/or complexity of the approval(s) required Page 1 of 4 RVPUBUSB1667040.1 and the size and/or complexity of the project. The City Manager or designee is authorized to enter into deposit agreements with development project applicants in substantially the form set forth in Exhibit "A", attached hereto and incorporated by reference herein, including any amendments acceptable to the City Attorney. The Deposit shall be used solely for the purpose of paying the actual costs of retaining those consultant(s) requested or deemed necessary by the City Manager, or designee. The deposit may be required to be replenished if such deposit is reduced to a level that, in the sole discretion of the City Manager or designee, will be insufficient to provide the requested or necessary consultant payments. Upon the completion of the portion of the development project for which the applicable consultant(s) has been retained, any remaining funds shall be returned to the applicant. SECTION 3. Not a Development Impact Fee, Special Assessment or Tax. The City Council hereby finds and determines that the costs to be paid by development project applicants pursuant to this policy do not exceed the estimated reasonable cost of providing the service for which the fee is charged since the funds on deposit are used to pay the actual costs of retaining those consultant(s) requested or deemed necessary by the City Manager, or designee. The deposit authorized by this policy shall not be deemed a "development fee", as defined in Government Code sections 66000 or 66010, nor a "special assessment" or "tax", but instead constitutes a processing charge pursuant to Government Code section 66014. The deposit provided for in this policy shall be in addition to any other processing charges, as well as any development fees, taxes or assessments that may otherwise be imposed pursuant to applicable law. SECTION 4. Contractor of City of San Jacinto. Under no circumstances shall the consultant(s) retained pursuant to this policy be deemed an employee, contractor, consultant or agent of the applicant requesting the development approval. Instead, the City Manager, or designee shall have the authority to choose the consultant(s), in his or her sole discretion. Such consultant(s) shall be the independent contractor solely of the City of San Jacinto while retained pursuant to this policy. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 19th day of February, 2004, by the following vote Page 2 of 4 RVPUBUSB\667040.1 Ayes: Nays: Absent Abstain: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP City Attorney Page 3 of 4 RVPUBUSB\667040.1 EXHIBIT "A" DEPOSIT AGREEMENT [TO BE ATTACHED] Page 4 of 4 RVPUBUSB\667040.1 [MODEL] DEPOSIT AGREEMENT between THE CITY OF SAN JACINTO, a California municipal corporation and COMPANY a corporation [DISCUSSION DRAFT NO._ DATED , 200_] -R V PUB\ S B\667040.1 DEPOSIT AGREEMENT This Deposit Agreement ("Agreement") is made this day of , 200 , by and between the City of San Jacinto, a California municipal corporation (the "City"), and Company, a ( the "Applicant"). RECITALS This Agreement is made with respect to the following facts: A. The Applicant is the owner of that certain real property ("Property") located within the City of San Jacinto, County of Riverside, California. The Property is more particularly described in the legal description attached hereto as Exhibit "A". B. The Applicant is contemplating the development of the Property as a residential community to be known as . The Applicant has submitted an application for various discretionary land use approvals for the development of the Property including, without limitation, approval of [a specific plan, environmental documents pursuant to the California Environmental Quality Act ("CEQA") and the amendment of the City's General Plan and Zoning Code]. [The Applicant may also request the City to provide public financing to assist the Applicant in developing the infrastructure for the Property, including, but not limited to, the creation of Community Facilities Districts, Lighting and Landscape Districts or other financing mechanisms. Moreover, the Applicant intends to process and negotiate a development agreement with the City and process an annexation of that portion of the Property which is in the City's sphere of influence]. All of the above shall be referred to collectively as the "Project." C. To provide the City with the environmental, planning, fiscal and extraordinary legal advice and information necessary to the City's review process concerning the development of the Property, and the possible provision of public financing, it is necessary for the City to retain the services of an environmental consultant, a project land use planner, a fiscal consultant, and legal counsel (collectively, "Consultants"). For purposes of this Agreement, extraordinary legal service shall mean any and all legal service provided to the City which service is directly related to the Applicant's pursuit of the development of the Property and which service would not have been requested by the City, if the Applicant's Project was not being processed by the City. Extraordinary legal service shall not include any legal service provided to the City in connection with the preparation or updating of City regulations, ordinances, plans or guidelines which are necessary for the review of the Project and which are under State law required to be updated from time to time. D. As a condition to the City's completion of the review process, the Applicant has agreed to pay the City for the Consultants costs and expenses related to the City's review process in the manner and amounts set forth in this Agreement. The Applicant's payment to City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project. -RVPUBUSB1667040.1 -1- AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows: 1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City to Retain Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed uses of the Property, and the City's possible assistant to the Applicant with public financing, the City shall retain, by means of contracts ("Consultant Contracts") subject to the City's approval in its reasonable and sole discretion, the services of the Consultants set forth in Section 4 of this Agreement to provide such environmental, fiscal, planning, public information and extraordinary legal advice as the City may deem necessary in its reasonable and sole discretion. The identity of the Consultants employed shall be as determined by the City in its reasonable and sole discretion. The scope of work of each respective Consultant is attached hereto as Exhibits "B" - "E". The City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate where such amendments are reasonably necessary and related to the City's proper review and consideration of the Applicant's Project. The Applicant agrees that, notwithstanding the Applicant's payment obligations under this Agreement, the Consultants selected by the City shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and the Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants pursuant to the Consultant Contracts. City shall include in each of the Consultant Contracts a termination provision authorizing the City to immediately terminate the contracts without cause by sending written notice of termination to the contractor. 3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants. The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act. 4. City's Preliminary Selection of Consultants. The City has preliminarily decided to retain the following as Consultants pursuant to this Agreement: -RV PUBUSB\667040.1 (I) Environmental Consultant - (ii) Planning Project Manager - [Individual to be hired by City]. (iii) Fiscal Consultant - (iv) Legal Counsel - Best Best & Krieger LLP. The Applicant agrees that the City may select other Consultants to replace the Consultants preliminarily identified above and may do so without consulting with the Applicant or obtaining the Applicant's approval. 5. Applicant's Payment of Consultant Costs and Expenditures. The Applicant shall deposit with the City the amount of Dollars ($ .00) (the "Deposit") [i.e., the same or more as the Consultant Costs, below]. The City by its execution hereof, acknowledges receipt of and accepts the Deposit. The Deposit is to be used to pay the actual costs and expenditures incurred by the City relative to the Consultants Contracts ("Consultants Costs"). The City has preliminarily reviewed the scope of work required of each Consultant and has estimated the aggregate Consultants Costs to be no less than Dollars ($ ) ("Estimated Consultants Costs"). [Prior to the Effective Date of this Agreement, the Applicant paid the City for portions of certain costs associated with certain Consultant work which the City incurred prior to the Effective Date of this Agreement which costs and work are more particularly described in Exhibit "F" ("Prior Payments"). The Applicant shall receive a credit against the Consultant Costs in an amount equal to the Prior Payments made to the City]. The City may draw upon the Deposit from time to time to pay the Consultant Costs. The City shall provide Applicant with a written summary of expenditures made from the Deposit, and the unexpended balance thereof, within ten (10) business days of receipt by the City of a written request therefor submitted by the Applicant, provided that the City shall not be required to provide a summary of expenditures more frequently than one time each quarter. The City shall, within ten (10) business days after the completion of that portion of the Project for with the Consultant has been retained, return the then unexpended and unencumbered portion of the Deposit to the Applicant, without interest. Such payment may also be made by the City to a designated payee upon the City's receipt of such direction in writing from Applicant. If the Deposit is reduced to a level that is [ ] percentage ([ 1%) of the Deposit amount, and further services are required of the Contractors for the Project, the City Manager may, in his or her sole and absolute discretion, require the Applicant to supplement the Deposit to an amount not exceeding the original Deposit amount. 6. Consultation with Applicant. The City may incur aggregate Consultants Costs up to the Estimated Consultants Costs without consulting the Applicant. The City shall use reasonable good faith efforts to consult with the Applicant prior to amending the scope of services to be provided by Contractors and incurring Consultants Costs which exceed the Estimated Consultants Costs ("Excess Costs"). The Applicant's obligation to pay the City for Consultants Costs shall be contingent upon the City's providing the Applicant with written notice of the amendment of the scope of work to be performed by a Contractor prior to the completion of work. The decision to incur Excess Costs and the amount of Excess Costs to incur shall lie within the reasonable and sole discretion of the City. -RVPUBUSB1667040.1 -3- For purposes of Section 5, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 9 of this Agreement, subject to the Applicant's obligation to pay the City for all Consultants Costs incurred by the City prior to the date of termination, whether or not yet paid by the City. 7. City to Retain Absolute Discretion. The Applicant acknowledges and agrees that notwithstanding the Applicant's payment obligations under this Agreement, the City is not obligated to approve any or all of the proposed uses for the Property, to approve any environmental documents or general plan or municipal code amendments which may be required for any of the uses contemplated for the Property, or to approve any development agreement pertaining to the Property. The Applicant warrants and represents that no City official, officer, employee, agent or attorney has represented, expressly or impliedly, that the City will approve any proposed use of the Property. The Applicant understands that there will be numerous legislative and adjudicatory decisions made by the City with regard to the development of the Property. All such decisions of the City with regard to the Property and the contemplated uses of the Property shall be made only after full compliance with all the City's statutory and other legal obligations and after considering all appropriate information and evidence, including such evidence which may cause the City to disapprove any or all of the contemplated uses of the Property. Notwithstanding anything in this Agreement to the contrary, the City retains all authority and discretion granted to it by law to either approve, disapprove or modify any of the proposed uses of the Property. The Applicant agrees that the City may approve, or approve with modifications, any or all components of the Applicant's proposed Project. The Applicant agrees that the City shall not be bound by any recommendations or conclusions reached by the Consultants and that the City may accept or reject, in whole or in part, any such recommendations or conclusions which the City in its reasonable and sole discretion deems to be unreasonable or contrary to the City's land use ordinances and regulations or State statutes or regulations. 8. Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the parties and shall terminate when all work required by each Consultant Contract has been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement including, without limitation, the obligation to pay the City for Estimated Consultants Costs and Excess Costs, whether or not paid by the City prior to the date of termination. The Applicant's obligation to pay the City as provided in this Agreement shall survive the termination of this Agreement pursuant to this Section 8. 9. Early Termination. The City may terminate this Agreement prior to the term set forth in Section 8 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this Agreement prior to the end of the term set forth in Section 8 above upon thirty (30) days' prior written notice to the City; provided, however, that the Applicant has satisfied all of its obligations under this Agreement to date of termination regarding payment to the City of both -R V PUBUS B\667040.1 -4- Estimated Consultants Costs and Excess Costs and, furthermore, that the Applicant has given City written notice withdrawing its application for the Project. Within two (2) City working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify the Consultants and instruct them to cease work under the Consultant Contracts. The Consultants shall be instructed to bill the City for any work completed prior to the date of termination of the Consultant Contract. Upon payment of all Consultant Costs, any remaining portion of the Deposit shall be returned to the Applicant. 10. Remedies Upon Default. An event of default shall be deemed to exist upon the occurrence of all three of the following: (i) Either the City or the Applicant has, without legal justification or excuse, breached any one or more of its obligations under this Agreement; and (ii) The nondefaulting party has sent written notice to the party claimed to be in default, specifying the default and what actions the nondefaulting party asserts should be taken to remedy the default; and (iii) The party claimed to be in default has not, within ten (10) days following receipt of the written notice described above, either corrected the default or taken actions, reasonably satisfactory to the nondefaulting party, to remedy the default within a reasonable period of time, but in no event longer than thirty (30) days after receipt of the written notice described above. Following an event of default, the nondefaulting party may exercise any and all remedies available to it pursuant to this Agreement, or at law or in equity, including, without limitation, instituting an action for damages, injunctive relief, or specific performance. 11. Nonwaiver of Rights or Remedies. The failure of a party to exercise any one or more of its rights or remedies under this Agreement shall not constitute a waiver of that party's right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right or remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement. 12. Assignability. This Agreement may not be assigned by either party with the prior and express written consent of the other party, which consent shall not be unreasonably withheld. In determining whether to approve a request by Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 13. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be -RVPUBUSB1667040.1 -5- modified, but only by a writing signed by both the City and the Applicant. All modifications to this Agreement must be approved by the City Council of the City of San Jacinto. 14. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 15. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City's approval of development of the Property, the environmental process, or the proposed uses of the Property. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and costs, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and costs incurred by the City as a result of such third party action or proceeding; provided, however, Applicant may, at any time, notify City in writing of its decision to terminate such payment obligation and, thereafter, in the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and costs. 16. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal. 17. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of San Jacinto, Riverside County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of Riverside, California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding. 18. Time is of the Essence. Except as otherwise expressly stated, time is of the essence in the performance of every act required pursuant to this Agreement. 19. Covenant of Further Assurances. The City and the Applicant shall take all other actions and execute all other documents which are reasonably necessary to effectuate this Agreement. 20. Interpretation. The City and the Applicant agree that this Agreement is the product of mutual negotiations and is an arms -length transaction. Each party has negotiated this Agreement with the advice and assistance of legal counsel of its own choosing. -RVPUBUSB1667040.1 -6- It is further agreed that this Agreement is a product of mutual drafting efforts by both the City and the Applicant and, accordingly, the rule that ambiguities in a document shall be construed against the drafter of the document shall have no application to this Agreement. In construing and interpreting this Agreement, the finder of fact shall give effect to the mutual intention of the City and the Applicant, notwithstanding such ambiguity, and may refer to the facts and circumstances under which this Agreement is made and such other extraneous evidence as may assist the finder of fact in ascertaining the intent of the City and the Applicant. 21. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 22. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section. 23. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 24. Notices. Notices required under this Agreement shall be sent to the following: If to the City: City of San Jacinto 213 E. Main Street San Jacinto, CA 92583 Attention: City Manager Facsimile No. (909) 654-3728 If to the Applicant: Company Attention: Facsimile No. Notices given pursuant to this Agreement shall be deemed received as follows: (i) If sent by United States Mail - five (5) calendar days after deposit into the United States Mail, first class postage prepaid. (ii) If by facsimile - upon transmission and actual receipt by the receiving party. -R VPUBU SB1667040. I -7- (iii) If by express courier service or hand delivery - on the date of receipt by the receiving party. The addresses for notices set forth in this Section 24 may be changed upon written notice of such change to either the City or the Applicant, as appropriate. 25. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall mean calendar, not business, days. Dated: ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney Dated: APPROVED AS TO FORM: Legal Counsel for Company CITY OF SAN JACINTO a Califomia municipal corporation (the "City") By: Mayor COMPANY, a corporation By: Authorized Agent -RVPUMS131667040.1 -8- Exhibit "A" Legal Description of the Property -RVPUBUSB\667040.1 -RVPUBUSB1667040. I Exhibit "B" -10- Exhibit "C" -RVPUBUSB1667040.1 -11- Exhibit "D" -RVPUBUSB1667040.1 -12- Exhibit "E" -RVPUBUSB1667040.1 -13- AGENDA ITEM 4.5 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney and Community Development Director SUBJECT: Local CEQA Guidelines Amendment RECOMMENDATION: Take the following action in the order listed: 1. Adopt Resolution of the City Council of the City of San Jacinto, California Amending the City's Local Guidelines for Implementing the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) BACKGROUND: The City's Development Code provides that conditional use permits are to be adopted by the Planning Commission, subject to "ratification" by the City Council. Generally, planning decisions are either decided by the Planning Commission (subject to appeal to the City Council) (i.e., tentative maps, variances), or are recommendations by the Planning Commission to the City Council (i.e. General Plan or zoning amendments). CEQA requires the review and approval of an environmental review document prior to the final approval of a project. The "ratification" language of the Development Code could be interpretted in two equally plausible manners: (1) that a project subject to a CUP is approved by the Planning Commission (subject to a sort of "appeal" by the City Council at the time of ratification), or (2) that a project subject to a CUP is being recommended by the Planning Commission for or against approval, with the ultimate decision by the City Council. Although each interpretation would be a reasonable one, by authorizing the Planning Commission to review the environmental review document concurrently with the underlying project, it is more likely that a well-informed decision can be reached. This is because the same hearing body is reviewing all of the information together. An alternative interpretation would involve the City Council reviewing and approving the environmental review document, and then having the Planning Commission review the underlying project. This separation of functions could be inefficient since it involves three steps (approval of CEQA document by the City Council, review of the CUP by the Planning Commission, ratification of CUP by City Council). Page 1 of 2 S:\jsb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc Another alternative would be for the Planning Commission to recommend to the City Council both the underlying project and its environemental review document. However, this could result in new issues being raised before the City Council that were not raised before the Planning Commission. This could reduce the ability of the City and the project proponent to respond with project changes that improve the quality of the project. It should also be noted that the proposed resolution retains the ability of persons to appeal decisions of the Planning Commission (including the decision concerning the environmental review document) to the City Council, as well as the authority of the City Council to act on the CUP pursuant to the ratification authority contained within the City's Development Code. Based on these reasons, City staff recommends that the City Council adopt the accompanying resolution, clarifying that the Planning Commission has the authority to approve environmental review documents, subject to appeal to the City Council. JUSTIFICATION: The adoption of this resolution is necessary in order to clarify the role of the Planning Commission in the review of environmental review documents and ensure the proper review of such documents in connection with their underlying projects. BUDGETARY IMPACT: The approval of this resolution will likely have no budgetary impact. ATTACHMENTS: Resolution Resolution of the City Council of the City of San Jacinto, California Amending the City's Local Guidelines for Implementing the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) Page 2 of 2 S:\jsb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CITY'S LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE § 21000 ET SEQ.) WHEREAS, on or about May 15, 2003, the City of San Jacinto ("City") City Council approved Resolution No. 2431 adopting the "Local Guidelines for Implementing the California Environmental Quality Act ["CEQA"] (2003 Revision)" (hereafter "Local CEQA Guidelines"); and WHEREAS, the City's Planning Commission has been authorized to hear, consider and adopt conditional use permits, subject to ratification by the City Council; and WHEREAS, the City Council desires to revise its Local CEQA Guidelines regarding authority to approve certain environmental review documents, pursuant to the provisions in the State CEQA Guidelines; and WHEREAS, it is the intent of this Resolution provide that the Planning Commission possesses the authority to approve certain environmental review documents under CEQA, including, without limitation, the authority to adopt negative declarations and mitigated negative declarations, to certify environmental impact reports and to make required findings in connection therewith, all subject to appeal of such decisions to the City Council; and WHEREAS, by authorizing the Planning Commission to review and approve environmental review documents under CEQA, the same hearing body that reviews the underlying project will be able to review the environmental review document associated with that project; and WHEREAS, by authorizing the Planning Commission to review and approve environmental review documents under CEQA, members of the public will be better able to present issues of concern to the body hearing the underlying project and have those issues addressed by the City and project proponents, since such issues of concern will be addressed at an earlier stage of the development process; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. RVPUBUSB1667109.1 NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Approval. In accordance with the definition of "Approval" contained in State CEQA Guidelines Section 15352, the City Council amends Section 10.02 of its Local CEQA Guidelines to read as follows: "10.02'Approval' means a decision by the decision making body or other authorized body or officer of the City that commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision making body makes its determination to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit (including, without limitation, the approval by the Planning Commission of any conditional use permit), license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project. When a non -elected authorized body or officer of the City, as the decision making body, makes a decision to approve a project, that decision may be appealed to the City's elected decision -making body (i.e., City Council) by any interested person. For purposes of these Guidelines, the setting of a hearing by the City Council pursuant to Section 17.05 of the San Jacinto Development Code (relating to ratification of conditional use permits) shall constitute an appeal of the underlying CEQA environmental review document." SECTION 3. Decision -Making Body. In accordance with the definition of "Decision -Making Body" contained in State CEQA Guidelines Section 15356, the City Council amends Section 10.09 of its Local CEQA Guidelines to read as follows: "10.11'Decision-Making Body' means the officer (i.e., City Manager or his or her designee) or body within the City (i.e., City Council or Planning Commission) with final approval authority over the particular project. (See Guidelines Section 10.02.) For purposes of -2- RVPUBUSB1667109.1 vote these Guidelines, the Planning Commission shall be deemed to be the Decision -Making Body for purposes of approving conditional use permits." SECTION 4. Appeal/ Ratification. Nothing contained in this Resolution shall be deemed to limit the ability of a person to appeal a decision of the Planning Commission pursuant to any other provision of the San Jacinto Municipal Code, or as otherwise provide by law. Furthermore, nothing contained in this Resolution shall be deemed to limit the ability of the City Council to act pursuant to its authority to ratify a conditional use permit or set such a matter for public hearing pursuant to the San Jacinto Development Code. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 19th day of February, 2004, by the following Ayes: Nays: Absent: Abstain: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP City Attorney R V PUBU SB1667109.1 AGENDA ITEM 4.( February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Robert W. Hargreaves, Special Counsel for Water Matters SUBJECT: Approval of "Final" Principles for Water Management RECOMMENDATION: Discuss and ratify committee's approval of "Final" Principles for Water Management. BACKGROUND: At the meeting of July 15, 2003, the City Council approved the "Interim Principles for Water Management". The Interim Principles is a non -binding statement of general principles that will serve as the basis for a more comprehensive water management plan and a settlement agreement and stipulated judgment with respect to Saboba tribal claims. In the Interim Principles, the rights of the agricultural pumpers were not clearly defined. Over the last six months, the Groundwater Management Policy Committee has worked with agricultural groups to develop an interim principle (No. 7), that is acceptable both to the agricultural pumpers and the Policy Committee. Additionally, several non - substantive changes have been made to the Interim Principles. With respect to the agricultural pumpers, the "Final" Principles provide for three different levels of voluntary participation: 1) "Non -Participants": These pumpers shall continue to exercise whatever water rights they may hold under California law unaffected by the Management Plan; 2) "Class A Participation": These participants acknowledge the existence of the plan, allow their wells to be monitored, and can vote for and/or be elected to serve as a private pumper representative on the Management Plan's Governing Board. Class A Participants have the right to convert to Class B Participation (below) within three years after the effective date of the Management Plan; Page I of 2 3) "Class B Participation": These participants must limit their average annual pumping to the pumper's average annual production during the calendar years 1995 through 1999, allow his or her wells to be monitored, and are eligible for and/or be elected to the Management Plan's Governing Board. Upon conversion of Class B Participant's land from agricultural use to a development use, the public agency serving the development will credit the pumper's adjusted production right towards any water supply assessment requirements, or capital impact fees. Also, a Class B Participant is eligible to enter into a conservation contract with the Management Plan, through which the Class B Participant agrees to measures that will conserve water, which the Management Plan will then purchase. The "Final" Interim Principles for Water Management have been approved unanimously by the Policy Committee. The Policy Committee has asked that the governing board of each public agency approve the "Final" Principles. The "Final" Principles remain non- binding, but will serve as the basis for drafting a more comprehensive water management plan, which will need to be approved by the public agencies. . JUSTIFICATION: The Hemet/San Jacinto Groundwater Basin is in serious need of a comprehensive management plan to address the current significant overdraft, future growth, and Saboba tribal claims. If the public agencies that use the basin are unable to mutually agree to a satisfactory plan, all will likely be embroiled in lengthy and costly litigation regarding water rights. The "Final" Principles for Water Management offers a fair basis for implementing a comprehensive water management plan. BUDGETARY IMPACT: Approval of the "Final" Principles will not have an immediate budgetary impact. Once the management plan is drafted and approved, base water assessments will initially cost approximately $100,000 per year. As San Jacinto's water usage grows, base production and recharge assessments will increase in amounts that are difficult to predict at this time. Prior to implementation of the water plan, San Jacinto will be asked to contribute approximately $12,000 per year as its share of a well monitoring program. That program has already been approved by a separate council action. ATTACHMENTS: The Final Principles for Water Management. Page 2 of 2 PRINCIPLES FOR WATER MANAGEMENT 1. Water Management Plan. These Principles, approved by the appropriate authority of each party, are intended to form the basis from which the parties will develop a Water Management Plan ("Management Plan") for the area described in Section 2. The Management Plan is being developed to ensure an adequate and reliable source of future water supply. The Management Plan is also intended to facilitate and accommodate a settlement of the claims of the Soboba Band of Luiseno Indians ("Soboba Tribe"). 2. Management Area. The area included in the Management Plan consists of the Canyon Sub -basin and the San Jacinto Upper Pressure Sub - basin, downstream to Bridge Street, and the Hemet Basins ("Management Area"). The Management Area is shown upon the attached map. 3. Pumpers within the Management Area. The primary pumpers within the Management Area are: Eastern Municipal Water District ("Eastern"), Lake Hemet Municipal Water District ("Lake Hemet"), City of San Jacinto ("San Jacinto"), and City of Hemet ("Hemet") (individually RVLIT',GT'654952. I "Public Agency," collectively "Public Agencies"); the Soboba Tribe (not a Management Plan participant); and approximately 62 individual agricultural and other private pumpers who pump more than 25 acre-feet per year ("Private Pumpers"). 4. Goals. The parties agree that the Management Plan shall incorporate and serve to implement the following goals: A. Allowing for Future Urban Growth. The parties acknowledge that the Management Area will continue to experience residential, commercial, and industrial growth and development, and that existing water production and service systems will need to be expanded to meet this growth. It is estimated that at least 15,000 afy incremental water supply capacity over the existing base production rights of the Public Agencies must be dedicated to adequately serve this growth. The Management Plan should serve and provide a clear planning process so that each affected Public Agency will be able to meet these projected growth needs. RVLIT\GTY54952. I -2- B. Water Quality Protection. Implementation of the Management Plan should protect and/or enhance Management Area water quality. However, implementation of certain elements of the Management Plan may cause limited localized water quality degradation. If such degradation impedes the then current beneficial use of any Public Agency in the Management Area, the Watermaster described in Section 22 ("Watermaster") shall implement appropriate mitigation measures to ensure water supply to the affected Public Agency and bear the associated costs. The standards for local water quality degradation shall be defined in the Management Plan. C. Cost -Effective Management. The Management Plan should serve to support the pursuit of cost-effective water supply and water treatment by the Public Agencies, both individually and collectively. D. Overdraft. The groundwater levels within the Management Area have generally been declining for a number of years, and the Management Area is presently in a condition of overdraft. It is recognized that the Management Plan will, within a reasonable period, eliminate groundwater overdraft and enhance operational yield by RVLIT\GT'654952.1 implementing a combination of available water resources management elements. These elements include: reduction in native groundwater production; enhanced recharge with native, imported and/or recycled water; development of supplemental supplies such as imported and recycled water; and water conservation programs. E. Monitoring. The Watermaster shall implement a monitoring program to ensure the Management Plan activities follow best management and engineering principles to protect Management Area water resources. Public Agencies Base Production Rights. A. The base production rights of Eastern, Lake Hemet and Hemet in the first year of the Management Plan shall be based upon their average production for calendar years 1995-1999. This period was chosen to reflect these Public Agencies' recent pumping, and shall determine their base production rights. RVLIT\Gi`654952.1 -4- B. The base production right of San Jacinto in the first year of the Management Plan, shall be based upon its average production for calendar years 1995-1999, plus 500 afy. The 500 afy is added because San Jacinto's recent production does not reflect its historic production because of water purchases and other factors. C. Pursuant to Section 21 below, for the life of the Management Plan, Hemet and San Jacinto shall each add an additional 900 afy to their base production rights. The additional 900 afy shall not be subject to reduction by the Watermaster as provided in Section 5.D and shall not be subject to any Administrative or Replenishment Assessments as provided in Section 6, or other fee or charge imposed under the Management Plan. D. It is the goal of the Management Plan to adjust base production rights over time to a level consistent with the Watern aster=s calculation of the Public Agencies' share of safe yield for the Management Area. Based on current information, it appears that the total reduction in base production rights will need to be approximately 35%. The ultimate reduction will be based on periodic demand, hydrology, recharge and RVLIT Gr654952. I -5- availability of imported water. In order to implement this reduction in a phased manner, each Public Agency's base production rights shall be subject to adjustment as follows: (1) A 10% reduction from the base production rights in the first year of the Management Plan; and (2) Until base production rights are consistent with the Public Agencies' share of safe yield, Watermaster shall determine the reductions in base production rights in each subsequent year of the Management Plan, to achieve this goal within 6 years of approval of the Management Plan. Each reduction shall not be more than 10% of the base production right of the prior year. (3) Pursuant to Section 7(A)(2)(b), upon conversion of a Class B Participant's land from agricultural to a use that requires water service from a Public Agency, the Public Agency shall receive an increase in its base production rights equal to the adjusted base production right of the Class B Participant. RVLIT\GT`654952. I -6- 6. Public Agency Production Assessments. The Public Agency production will be subject to the following assessments: A. An Administrative Assessment on each acre-foot pumped by a Public Agency up to its adjusted base production right. The parties contemplate that the Administrative Assessment will be $50.00 per acre-foot of water pumped in the first year of the Management Plan, and that such amount will thereafter be set by the Watermaster. B. A Replenishment Assessment on each acre-foot pumped by a Public Agency in excess of its adjusted base production right equal to the cost of providing a like quantity of supplemental water to recharge the Management Area, including recharge losses. Pumping by a Public Agency in excess of its adjusted base production right in order to meet increasing demands is expected and permissible, provided that such excess extractions shall be subject to the Replenishment Assessment. The costs of providing a like quantity of supplemental water shall include the costs of water, O&M costs of the replenishment system, capital recovery and other administrative costs. Currently, the total of these cost items is estimated to be in the range RV LIT',GP654952.1 of $300 to $400 per acre-feet; the actual amount will reflect the costs at the time incurred. 7. Private Pumpers Water Rights. The Public Agencies recognize the overlying water rights of the Private Pumpers, and do not intend to take or adversely impact these rights without an agreement with the owner of such rights. The Management Plan will lay out alternatives for the retention, protection, or transfer of such rights, leaving selection of the alternative to the individual overlying water rights owner. A Private Pumper can elect not to participate in the Management Plan and not to formally acknowledge its existence. Such Pumpers shall be referred to herein as "Non -Participants"; such Pumpers shall continue to exercise whatever water rights they may hold under California law unaffected by the Management Plan. There is no intent to affect water use that is consistent with the historical use of the Private Pumpers. However, other pumpers under the Management Plan do not waive their rights to challenge new or expanded water rights. Non - Participants will not have the option of joining the program at a later date. The alternatives available to participants are as follows: RVLIT GT`654952. I -8- A. (1) Class A Participation. A Private Pumper can elect to sign a written agreement acknowledging the existence of the Management Plan. Such Pumper shall be a Class A Participant and shall be entitled to vote for and/or be elected to serve as the Private Pumper representative on the Management Plan's governing board or body described in Paragraph 22 below, but shall not otherwise be required to participate in the Management Plan implementation. A Class A Participant may, without any financial assessment by the Watennaster, pump from his/her/its property within the Management Area the amount of water that can be put to reasonable and beneficial use on the Pumper's land as may be authorized under California law. Class A Participants shall have the right to convert to Class B Participation during a grace period that shall end three (3) years after the effective date of the Management Plan, as approved by a judgment of the Superior Court for Riverside County, upon payment of the total assessments the Pumper would have paid had the Pumper elected to be a member of Class B from the outset, plus interest. (2) Class B Participation. A Private Pumper can become a Class B Participant by electing to limit annual pumping to the Pumper's average annual production during the calendar years 1995 through RVLIT GP654952.1 -9- 1999 and to pay replenishment assessments on amounts in excess of that average annual production. A Class B Participant shall enjoy the following benefits of Plan Participation: a. Vote for and/or be elected to serve as the Private Pumper's representative on the Management Plan's Governing Board; b. Upon conversion of Pumper's land from agricultural use to a use that requires water service from a participating Public Agency, Public Agency shall credit to the extent legally permissible, Pumper or Pumper's successor-in-interest's adjusted production right, using the formula in Section 5 towards satisfaction of any requirement then in effect for water supply assessment requirements. Furthermore, Pumper or Pumper's successor -in -interest shall be given a credit for Pumper's adjusted production right using the formula in Section 5 towards any fees associated with water supply that the Public Agency may then have in effect. The Public Agency serving the converted land shall receive a credit to its production right as set forth in Section 5. RVLIT G'654952.I -10- c. To the extent the Pumper's land is not covered under Section 7(A)(2)(b), Pumper will be eligible to enter into a contract with the Management Plan, or a participating Public Agency, to sell for a defined period of time some portion of Pumper's adjusted production right, under terms and conditions mutually agreed upon by the Pumper and the Management Plan. Criteria used in consideration of such contract shall include: (i) Management Plan's need to acquire additional water supplies to address Basin overdraft and recovery; (ii) Submission of a water conservation plan, including use of in lieu water, by Pumper that will reasonably guarantee conservation of water that would otherwise be produced from the Basin; (iii) Public policy considerations of local government jurisdictions, including economic and land use impacts of proposed water conservation plan. R V LIT IGT'654452. I -11- B. In -Lieu Water Use. In the event a Private Pumper (or successor) receives recycled and/or imported water from a Public Agency to serve an overlying use in place of groundwater, or otherwise engages in an in -lieu program, the overlying water right of the Private Pumper (or successor) shall not be diminished by the receipt and use of such recycled and/or imported water or by engaging in an in -lieu program. C. Well Monitoring. To become a Class A or B Participant, a Private Pumper shall authorize the metering of the Pumper's well(s) and the collection of groundwater level and quality data, and the reading thereof by Management Plan personnel. The metering and readng shall be at no cost to the Pumper, and the Pumper shall receive copies of the reports and information obtained upon request. D. Future Production Participation. Any new Pumper after the effective date of the Management Plan, as approved by a judgment of the Superior Court for Riverside County, can only participate as a Class A Participant as described in Section 7A(1). RVLIT.Gr`654452. I -12- E. Replacement Wells. The redrilling of existing wells and the drilling of new wells to replace existing wells will not be considered new private production. 8. Capital Facilities. Each Public Agency shall continue to own its existing capital facilities for water management. However, capital facilities may be jointly constructed and owned by the Management Plan. Joint financing of such facilities may be funded by regional capital fees, loans and grants, contributions for storage by The Metropolitan Water District of Southern California ("Metropolitan") or other third -parties, and municipal bonds. Responsibility for the costs of any existing and future capital facility of the Management Plan should be apportioned among the Public Agencies based on relative benefit to be derived by each Public Agency. Any of the participating Public Agencies may propose projects to be included in the Management Plan to increase Management Area water supply. Such proposals, after evaluation by the Watermaster, shall be included or rejected. If the Watermaster chooses to reject the proposal, the proposing Public Agency may implement the rejected project as long as it does not significantly impact the implementation of the Management Plan and/or interfere with the ongoing production by the Public Agencies. RVLITGT1654952.1 -13- 9. Soboba Tribe's Water Rights. The Soboba Tribe's water rights shall be determined as part of a settlement among the Soboba Tribe, the United States, Eastern, Lake Hemet and Metropolitan. Major points of the proposed settlement are: A. The Soboba Tribe shall have a senior, prior right in the Canyon and San Jacinto Upper Pressure Sub -basins of 9000 afy, but its use shall be limited to a maximum of 4100 afy during the first 50 years after the effective date of the settlement. B. The Soboba Tribe shall have the right to purchase replenishment water for use pursuant to the Principles of Settlement at the Management Plan replenishment rate. C. The Soboba settlement provides that, among other things, Metropolitan will use its best efforts to deliver sufficient water to yield a 15- year average of 7,500 afy to the Management Plan until 2035 at its long- term interruptible rate (currently $233/af). RVLIT\GTK54952.1 -14- D. Subject to full funding of the settlement by the United States, the Management Plan shall pay the Soboba Tribe $10 million. E. The Management Plan will also pay the Soboba Tribe $7 million. A Public Agency's payment of its share of this amount is optional, but in order to obtain the benefits of the low-cost Metropolitan water delivered pursuant to the settlement, a Public Agency shall pay its share of this amount. F. The Management Plan will receive $10 million for capital improvements from the United States, and all unused Soboba Tribe water based on the Public Agency's participation in the payment in Section 9(E) above. 10. hnplementation of These Principles. These Interim Principbs for Water Management shall be used by the parties as a basis for the preparation of the Management Plan, and a stipulated judgment in a water rights adjudication. As explained below, the Management Plan shall be administered by the Watermaster. The Watermaster will be under the continuing jurisdiction of the Court. RVLIT'.GT\654952.1 -15- 11. Assessment Program. The assessment program contemplated by the Management Plan shall be administered by the Watennaster subject to the governance provisions herein. All payments shall be made to the Watennaster and shall be maintained in a separate restricted fund. All assessments shall be used exclusively to acquire imported, recycled or Metropolitan water for the recharge of the Management Area, and for the facilities and operational and administrative expenses associated with the assessment and recharge programs. Subject to Management Plan approval, assessments may also be used by affected parties to acquire and deliver water for direct use by the parties, in lieu of pumping. 12. Replenishment Program. The replenishment program contemplated by the Management Plan shall also be administered by the Watermaster. The program shall include: the acquisition of supplemental water supplies (including imported, recycled and Soboba Tribe water); the expenditure of assessments; the recharge of the Management Area; and the construction and operation of all necessary facilities, including but not limited to, development of surface and sub -surface percolation and injection facilities. Priority for replenishment will be based on an equitable RVLIT'GT'654952. I -16- apportionment of available replenishment water among the sub -basins after full consideration of: the Public Agency's participation in the payment in Section 9(E) above; the Management Area conditions; water demands; the availability of storage capacity to accommodate the recharge of natural flows; the availability of appropriate conveyance facilities; and the availability of replenishment or imported water. The Watermaster is encouraged to take advantage of surplus imported water that occasionally may be available at low cost, and to use available assessment funds to bank such recharge against future pumping in excess of adjusted production rights. 13. Rights to Groundwater. Groundwater in the Management Area may occur from: natural recharge; spreading operations of natural flows; replenishment with imported, recycled or Metropolitan water acquired with assessment funds; or in -lieu recharge programs financed with assessment funds. All such groundwater shall be available to support the pumping of the parties as allowed herein, and shall not be the property of any individual party, subject to the provisions of Section 14. RVLIT `.GT'654952. I -17- 14. Storage Rights. The parties recognize that unused storage capacity exists in the Management Area, and the Management Plan contemplates that this capacity will be managed conjunctively with available imported and recycled water supplies. Subject to availability of the Management Plan fund for assessments and unused storage capacity as determined by Watermaster, the Management Area will be recharged and water stored therein when such supplies are available, and drawn upon by the Public Agencies in dry years when such supplemental water supplies may not be available. In addition, unused storage capacity as determined by Watermaster may be used for "put and take" operations of recycled or imported water that is paid for by any party to the Management Plan provided that: A. Such operations do not interfere with the rights of any other pumper, or with the use of the storage capacity for recharge and storage under the Management Plan; B. Water available for recharge is purchased first, as needed, for the Management Plan; RVLIT :GT1654952.1 -18- C. Later recovery of stored water shall exclude losses; and D. Such recovered water may be used anywhere within the service area of the party. Any conjunctive use programs for the benefit of territory outside of the Management Area shall be subject to the governance provisions herein. Any storage, conjunctive use programs by third parties or in -lieu recharge programs financed with assessment funds shall be subject to the governance provisions herein. 15. Spreading Operations. The Public Agencies shall independently or jointly operate their respective facilities to maximize the existing spreading and recharge operations of natural flow in the Management Area. 16. Recharge Water Quality. Consistent with Section 4(E) above all water used to replenish any sub -basin in the Management Area shall meet the Regional Water Quality Control Board requirements, and may be used in any sub -basin where such requirements are met. RVLIT\GT`654952.1 -19- 17. Recharge Losses. The accounting for storage recharge of the Management Area shall not include any water that escapes therefrom and migrates downstream beyond the Management Area. Losses will be calculated based upon best engineering principles. 18. Recycled Water. The use of recycled water can be of substantial benefit in providing additional water in the Management Area. Each Public Agency may implement a recycled water program, including the ownership, operation and construction of all necessary facilities, and the application for and administration of any loan or grant applications. The Management Plan will support to an or grant applications, and the Public Agencies will work to integrate recycled water into the Management Plan to the extent economically feasible while meeting regulatory standards. Subject to existing recycled water contracts, the Management Plan will have a first right of refusal to purchase excess recycled water for recharge. Priority shall be given to Management Area recharge for the use of recycled water which originates therefrom. 19. Export. The Public Agencies may export water outside the Management Area, on a temporary basis, upon approval by the Watermaster. RVLIT':GT654952. I -20- However, any water exported shall be replenished with an appropriate amount of similar or better quality water as determined by Watermaster. Also, water exports by the Public Agencies shall not interfere with the Management Plan or any other Public Agency's operations. The Management Plan will set forth the specific criteria for the export of water, including, but not limited to, conjunctive use programs. 20. Credits. Recharge credits documented before the Management Plan shall be calculated pursuant to the Management Plan. Future recharge credits shall be established by replenish>nent of water or by not exercising the full, adjusted base production right, and shall be calculated pursuant to the Management Plan. 21. Tunnel Seepage, Stream Diversions, Fruitvale To resolve Eastern=s use of Tunnel seepage, Lake Hemet's stream diversions and Eastern's use of Fruitvale water, 900 afy shall be added to Hemet's adjusted base production and 900 afy shall be added to San Jacinto's adjusted base production right as discussed in Section 5 above. This is intended to provide Hemet and San Jacinto a fair share of water from these disputed issues. RVLIT'GTP654952.1 -21- 22. Governance. The Management Plan will be administered by a Watermaster as follows: A. The governing board of the Watermaster shall consist of one elected official from each of the Public Agencies and one Private Pumper representative selected by the Private Pumpers who participate in the Management Plan. Each member shall have one vote. B. The Watermaster's duties shall include: determining safe yield; determining replenishment needs; determining annual adjusted base production rights; purchasing and selling imported and recycled water; constructing future capital facilities; establishing assessment rates; initiating necessary conservation and drought management measures; and implementing other responsibilities identified in the Management Plan documents. Dated: , 2003. EASTERN MUNICIPAL WATER DISTRICT RVLIT\GT654952.1 By: -22- Dated: , 2003. LAKE HEMET MUNICIPAL WATER DISTRICT By: Dated: , 2003. CITY OF HEMET By: Dated: , 2003. CITY OF SAN JACINTO RVLIT\GT'654952.1 By: -23- a STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING PRINCIPLES OF WATER MANAGEMENT WHEREAS, the City of San Jacinto depends on groundwater from the Hemet/San Jacinto Groundwater Basin for its domestic water supply; and WHEREAS, the Hemet/San Jacinto Groundwater Basin is in a state of overdraft, jeopardizing the longterm viability of the City's domestic water supply; and WHEREAS, the City of San Jacinto, the City of Hemet, Eastern Municipal Water District, Lake Hemet Municipal Water District, and private pumpers have undertaken a comprehensive groundwater planning process, the goal of which is to ensure an adequate and reliable long term water supply; and WHEREAS, the participants have jointly negotiated the "Principles of Water Management" that is intended to provide the framework for a long range water management plan. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Principles of Water Management: The Principles of Water Management, attached hereto as Exhibit "A", are approved as the basis for development of a water management plan, the goal of which is to ensure an adequate and reliable source of future water supply. SECTION 2. Recharge Credits: The City's approval of the Principles of Water Management is conditioned upon the understanding that the City will receive full future recharge credits pursuant to Section 20 of the Principals of Water Management. SECTION 3. Effective Date: This Resolution shall become effective upon its adoption. Page 1 of 2 RM PU B\R W H1229996. I APPROVED and ADOPTED this day of , 2004 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk City of San Jacinto by Jim Ayres, Mayor Page 2 of 2 RMPUB\RWH1229996.1 AGENDA ITEM 4. February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Funding Source to Paint City Hall RECOMMENDATION: It is recommended that the City Council put on hold the painting of City Hall and direct the City Manager to review this capital request in the context of the budget process. BACKGROUND: At the last City Council meeting, City Council directed staff to bring back funding options for the painting of City Hall. Staff has researched the potential sources of funding and criteria to determine the feasibility of the painting of City Hall. Staff was not able to find restricted funds that allow the use of funds for this type of work for City Hall. And as you know, general funds are limited and are committed to fund essential public services to the community, and to support the deficit spending that currently exists in the General Fund. Therefore, considering the sensitivity of the general fund, staff recommends that Council does not use unrestricted-undesignated general funds for this project, and place this project on hold until the next budget process. In this way, the project can compete with other needs of the City. JUSTIFICATION: The City Manager continues to recommend to the Council that general fund reserves be spent conservatively. BUDGETARY IMPACT: Option to recommendation - If Council chooses to proceed with this project, $5,000 would have to be allocated from the general fund. City Manager: Page 1 of 2 Finance Director: ATTACHMENTS: None Page 2 of 2 AGENDA ITEM 5.1.1 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon — Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council meeting, for the period ending February 19, 2004 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 66492-66724 February 19, 2004 16320-16375 February 19,2004 Payroll information is available for Council review in the Finance Department. JUSTIFICATION: All warrants, pre -paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 — Detailed listing of invoices paid and warrant register. Page 1 of 1 Approvalsls City Manager: �`` Finance Director: City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66492 2/4/04 Eye care of america REQUEST 2/2/04 REQUEST 2/2/04 REQUEST 2/2/04 Vision ins premium feb 04 Vision ins premium feb 04 Vision ins premium feb 04 085-0000-202.21-35 085-0000-202.21-36 065-0000-201.08-64 689.81 77.97 28.77 796.55 66493 2/4/04 Icma retirement trust REQUEST 2/4/04 Jan 22, 2004 085-0000-202.21-29 125.00 125.00 66494 2/4/04 Pacificare of california REQUEST 2/2/04 REQUEST 2/2/04 REQUEST 2/2/04 Health ins premium feb 04 Health ins premium feb 04 Health ins premium feb 04 085-0000-202.21-39 085-0000-202.21-40 065-0000-201.08-64 28,074.86 3,923.85 1,114.19 33,112.90 66495 2/4/04 Preferred benefit insurance admin. REQUEST 2/2/04 REQUEST 2/2/04 Dental ins feb 04 Dental ins feb 04 085-0000-202.21-32 085-0000-202.21-31 3,712.64 60.87 3,773.51 66496 2/4/04 So. california edison co. REQUEST 2/4/04 Utilities 050-9000-450.35-40 15,806.50 15,806.50 66497 2/4/04 So. california gas co. REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 Utilities Utilities Utilities Utilities Utilities Utilities Utilities 010-2500-425.35-12 010-3100-431.35-12 010-6100-425.35-12 010-7400-425.35-12 021-4150-410.35-12 021-4150-410.35-12 010-6500-425.35-12 331.64 169.12 56.09 345.76 102.61 34.78 3.84 1,043.84 66498 2/4/04 Standard insurance, the REQUEST 2/2/04 Feb 04 insurance prem 085-0000-202.21-46 5,355.83 5,355.83 66499 2/4/04 Toyota financial services REQUEST 2/4/04 Lease 010712 67120 063-1700-410.40-45 516.12 516.12 66500 2/4/04 Toyota financial services REQUEST 2/4/04 Lease 010712 67154 063-1700-410.40-45 516.12 516.12 66501 2/4/04 Verizon california REQUEST 2/4/04 Telephone 010-2500-425.35-60 642.69 642.69 66502 2/4/04 Campbell, robed REQUEST 2/4/04 Reimb installation fee 050-0000-310.07-96 400.00 400.00 66505 2/10/04 Calpers REQUEST 2/05/04 Retire contb 2/5/04 type3 085-0000-202.21-28 23,250.62 23,250.62 66506 2/10/04 Chicago title company REQUEST 2/10/04 Property acquisition 065-0000-201.08-60 17,582.66 17,582.66 66507 2/10/04 Colt defense Ilc REQUEST 1/22/04 Tuition attn: k. southern 010-3100-431.31-20 375.00 375.00 66508 2/10/04 Hartford life insurance companies REQUEST 2/05/04 Grp#109947 contb 2/5/04 085-0000-202.21-29 4,031.38 4,031.38 66509 2/10/04 Holbrook, christopher REQUEST 1/7/04 Tuition reimbursment 010-2500-425.31-20 619.25 619.25 66510 2/10/04 Icma retirement trust REQUEST 2/05/04 Def comp contb 2/5/04 085-0000-202.21-29 740.38 740.38 Panes 1 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66511 2/10/04 Lincoln life REQUEST 2/05/04 Def comp contrb 2/5/04 085-0000-202.21-29 335.00 335.00 68512 2/10/04 Riverside, county of REQUEST 2/05/04 REQUEST 2/05/04 Filing de minimis impact Filing de minimis impact 010-1700-417.36-25 010-1700-417.36-25 64.00 64.00 128.00 66602 2/19/04 A-1 lock & key service 29762 Supplies 010-4150-410.33-50 19.31 19.31 68603 2/19/04 Al's kubota tractor 161512 161620 161463 Supplies Supplies Supplies 010-4150-410.21-80 010-4150-410.21-80 010-7100-410.33-30 13.45 35.00 10.00 58.45 66604 2/19/04 Alex towing 1120 Towing fees 010-3320-431.33-50 30.00 30.00 66605 2/19/04 All amercan sewer tools 41008 Supplies 055-4170-450.33-30 393.73 393.73 66606 2/19/04 Allen tire company 166797 Auto repair 010-3320-431.33-50 57.07 57.07 68607 2/19/04 American forensic nurses 17366 Analyisis 010-3100-431.34-05 181.00 181.00 66608 2/19/04 Anady's trophies 44017 Supplies 010-1700-417.21-10 15.89 15.89 66609 2/19/04 Andre landscaping service, inc. 18685 18692 18315 Maint billing jan 2004 Maint billing jan 2004 Oct 2003 maint 010-7100-410.34-05 301-8833-500.34-05 301-8833-500.34-05 25,971.32 1,100.00 1,100.00 28,171.32 66610 2/19/04 Aqua conserve, inc. 0004557 0004558 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 413.43 421.46 834.89 66611 2/19/04 Arrangement gallery florist, the 11/11/03 Veterans day flowers 010-2510-425.40-08 201.63 201.63 66612 2/19/04 At & t 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 1/9/04 6779 1/22/04 6478 Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone 010-2500-425.35-16 010-3100-431.35-16 010-7400-425.35-16 010-4150-410.35-16 050-9000-450.35-16 010-2500-425.35-16 025-7252-410.35-16 010-6100-425.35-16 010-2500-425.35-16 010-2500-425.35-16 847.26 887.01 23.76 57.20 57.20 337.77 23.16 3.83 70.60 22.12 2,329.91 Pane 9 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66613 2/19/04 B & w pipe & supply 62442 62444 62449 Supplies Supplies Supplies 010-7100-410.33-30 010-7100-410.33-30 010-7100-410.33-30 234.51 -90.06 -35.44 109.01 66614 2/19/04 Best best & krieger Hp 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 12/31/2003 12/31/2003 12/31/2003 12/31/2003 12/31/2003 12/31/2003 1/31/2004 1/31/2004 1/31/2004 1/31/2004 1/31/2004 1/31/2004 1/31/2004 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 026-7511-410.30-91 026-7510-410.30-91 026-7512-410.30-91 102-1400-500.30-90 065-0000-201.08-10 065-0000-201.08-60 200-8850-450.30-90 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 065-0000-201.08-10 065-0000-201.08-60 033-8850-450.30-91 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 026-7513-410.30-91 065-0000-201.08-10 065-0000-201.08-60 033-8850-450.30-91 9,419.98 4,312.46 24,091.02 980.94 1,900.57 61.31 122.62 8,630.51 909.35 1,117.72 1,628.83 2,842.96 17,862.25 8,028.82 502.85 4,546.77 5,830.05 6,241.80 29,259.53 135.00 860.00 743.00 269.15 130,297.49 66616 2/19/04 Bowman signs 1936 Supplies 010-3300-431.21-10 152.33 152.33 66617 2/19/04 Business bank of california REQUEST 1/30/04 Progress payment # 15 054-0000-101.11-15 3,666.00 3,666.00 66618 2/19/04 Business press, the 2/5/04 B039809 Subscription 010-1700-417.21-10 108.00 108.00 Panes City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66619 2/19/04 C.m. de crines & co., inc. 186 Professional servcies 065-0000-201.08-13 1,653.75 1,653.75 66620 2/19/04 Ca. municipal treasurer's assc 16745 16745 Membership dues Membership dues 010-1410-414.30-16 010-1400-414.30-16 60.00 60.00 120.00 66621 2/19/04 Castellano's towing & recovery 45625 Towing fees 010-3100-431.33-50 45.00 45.00 66622 2/19/04 Ced consolidated electrical 2903-425456 2983-425357 Supplies Supplies 025-7260-410.21-30 050-9000-450.33-30 54.68 76.90 131.58 66623 2/19/04 Christie steel fabrication 9467 Supplies 056-4150-410.33-50 7.00 7.00 66624 2/19/04 Ciernia, James r. REQUEST 2/5/04 Refund 010-0000-308.06-04 2,686.00 2,686.00 66625 2/19/04 Comserco 01/MA50211531 01/MA50211530 Maint billing 2/1to 2/29 Maint bill 2/1 to 2/29/04 010-3100-431.34-05 050-9000-450.34-05 542.75 86.10 628.85 66626 2/19/04 Comtronix of hemet 40813 40849 Supplies Supplies 010-3100-431.33-50 010-3100-431.34-05 121.08 240.00 361.08 66627 2/19/04 Costco - temecula 1/19/04 1/19/04 1/19/04 Supplies Supplies Supplies 010-2500-425.21-10 010-1210-412.21-10 010-1200-412.21-10 115.66 102.25 12.80 230.71 66628 2/19/04 Cutting edge staffing 15689 15689 15605 15605 15735 15735 15735 15779 15779 15779 Temp employees Temp employees Temp employees Temp employees Temp employee Temp employee Temp employee Temp employee Temp employee Temp employee 010-3300-431.30-90 010-7100-410.30-90 010-3300-431.30-90 010-7100-410.10-04 010-7100-410.10-04 010-3300-431.30-90 102-1400-500.10-04 010-7100-410.10-04 010-3300-431.30-90 102-1400-500.10-04 2,600.10 548.28 1,850.10 426.44 548.28 2,597.00 586.08 548.28 3,024.29 504.68 13,233.53 66629 2/19/04 Cwea specialty conference REQUEST 2/9/04 Registration conference 055-4170-450.31-20 135.00 135.00 66630 2/19/04 Dell computers 626220462 623472124 Hardware Computer systems 050-1400-414.40-45 010-3300-431.40-45 5,008.65 3,650.26 8,658.91 Pane b City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66631 2/19/04 Deluxe business forms & supplies 13449735 Office supplies 010-1400-414.21-10 2,043.02 2,043.02 66632 2/19/04 Dewey's electric 1/28/04 2/5/04 Services rendered Services rendered 010-3100-431.21-10 010-2500-425.33-10 95.00 265.40 360.40 66633 2/19/04 E.s. babcock & sons, inc. AA41672-0278 AA41591-0278 AA41282-0278 Analysis Analysis Analysis 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 60.00 60.00 48.00 168.00 66634 2/19/04 Eastern municipal water district 1/20/04 8985903 1/21/04 7889302 1/21/046670302 1/21/04 9408802 1/21/04 9574602 1/21/04 9406902 1/21/049407002 1/22/04 9406702 1/22/04 9626704 1/22/04 9451303 1/22/041479860 1/13/04 8137703 Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7100-410.35-10 025-7251-410.35-10 36.45 8.37 284.13 78.66 56.46 11.43 12.55 8.37 119.11 334.55 8.37 469.83 1,428.28 66635 2/19/04 Edwards, trina REQUEST 2/9/04 Reim water dep# 20019113 050-0000-229.08-70 98.25 98.25 66636 2/19/04 Empire homes REQUEST 2/9/04 Reim water dep# 27416 050-0000-229.08-70 55.06 55.06 66637 2/19/04 Employment development departrr 3/18/04 Seminar attn: c. bohn 010-1400-414.31-20 15.00 15.00 66638 2/19/04 Essco 6708 Supplies 055-4170-450.33-30 358.11 358.11 66639 2/19/04 Excel steam 2135 Maint for jan 2004 010-3100-431.33-10 625.00 625.00 66640 2/19/04 Family sport & fitness 89 89 89 89 89 89 February 2004 February 2004 February2004 February2004 February 2004 February 2004 010-1110-411.11-10 010-1200-412.11-10 010-1400-414.11-10 010-1700-417.11-10 010-3300-431.11-10 010-4150-410.11-10 20.00 20.00 60.00 20.00 450.00 150.00 810.00 P2no City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66640... 2/19/04... Family sport & fitness... 89 89 89 89 89 89 February 2004 February 2004 February 2004 February 2004 February 2004 February 2004 010-4200-410.11-10 010-7100-410.11-10 010-7400-425.11-10 085-0000-202.21-76 096-1700-417.11-10 099-1700-417.11-10 10.00 10.00 10.00 30.00 20.00 10.00 810.00... 66641 2/19/04 Federal express 1-637-71499 1-584-23210 Postage Postage fees 010-2500-425.21-10 050-1400-414.21-10 9.88 21.16 31.04 66642 2/19/04 Fleet services PO000000342 PO000000342 PO000000342 PO000000342 PO000000342 PO000000342 PO000000342 PO000000342 PO000000342 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 010-1200-412.33-50 010-1400-414.21-10 010-3100-431.21-70 010-1700-417.21-70 010-3300-431.21-70 010-4150-410.21-70 010-7100-410.21-70 050-9000-450.21-70 010-3320-431.21-70 22.12 39.55 3,448.59 40.01 57.79 360.80 323.16 595.09 62.85 4,949.96 66643 2/19/04 Flowers, Iinda REQUEST 2/9/04 Reim water dep# 90023048 050-0000-229.08-70 36.27 36.27 66644 2/19/04 Garcia, nancy REQUEST 2/9/04 Reim water dep# 20008016 050-0000-229.08-70 31.01 31.01 66645 2/19/04 Gaudet design group 732 741 750 Professioinal services Professioinal services Professioinal services 010-6500-425.34-05 010-6500-425.34-05 010-6500-425.34-05 2,544.25 5,000.00 5,196.00 12,740.25 66646 2/19/04 Genesis construction REQUEST 1/30/04 REQUEST 1/30/04 Progress payment # 15 Progress payment # 15 054-9000-450.40-01 054-0000-210.20-25 36,660.00 -3,666.00 32,994.00 66647 2/19/04 Gfb-friedrich & assoc., inc. 0401-31 0401-31 0401-31 0401-26 0401-31 Professional services Professional services Professional services Professional services Professional services 025-7250-410.30-90 025-7251-410.30-90 025-7252-410.30-90 102-1400-500.30-90 025-7260-410.30-90 282.96 42.22 83.57 1,250.39 260.25 4,179.39 Pnnu R City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66647... 2/19/04... Gfb-friedrich & assoc., inc.... 0401-29 0401-27 0401-27 Professional services Professional services Professional services 026-7518-410.30-92 026-7516-410.30-92 026-7517-410.30-92 120.00 1,840.00 300.00 4,179.39... 66648 2/19/04 Global industrial equipment 54010773 Supplies 102-1400-500.40-45 1,240.74 1,240.74 66649 2/19/04 Great pacific equipment, inc. 14753 Supplies 010-4150-410.33-50 101.41 101.41 66650 2/19/04 Hdl software, Ilc 8953-IN Jan -mar 2004 property tax 010-2500-425.30-90 2,700,00 2,700.00 66651 2/19/04 Hemet heating & cooling 1/5/04 Supplies 010-6500-425.34-05 43.10 43.10 66652 2/19/04 Hemet rubber stamp 41406 41406 Supplies Supplies 010-3320-431.21-10 010-1700-417.21-10 27.15 33.14 60.29 66653 2/19/04 Hemet valley pipe & supply 81406 81321 81270 Supplies Supplies Supplies 010-7100-410.33-30 010-7100-410.33-30 010-7100-410.33-30 22.57 1.94 1.23 25.74 66654 2/19/04 Hemet valley tool & supply 66511 Supplies 055-4170-450.33-30 55.98 55.98 66655 2/19/04 Hi -way safety 35423 Suppplies 022-4150-410.40-01 158.93 158.93 66656 2/19/04 Horizon water 1/26 CITY 12/23/03 1/26/04 VIRGINA 12/23/03 12/23 POLICE 01/26 POLICE Supplies Office supplies Supplies Supplies Supplies Supplies 010-2500-425.21-10 010-2500-425.21-10 010-2500-425.34-05 010-2500-425.34-05 010-3100-431.35-10 010-3100-431.35-10 41.50 34.60 48.50 27.70 107.00 134.60 393.90 66657 2/19/04 Inland foundation eng. inc. 7826 7828 December 2003 December 2003 054-9000-450.40-01 054-9000-450.40-01 3,235.00 917.50 4,152,50' 66658 2/19/04 Inland water works supply co. 133922 Supplies 050-9000-450.33-30 75.26 75.26 66659 2/19/04 International institute of 17150 Membeship dues 3/31/2005 010-1110-411.30-16 135.00 135.00 66660 2/19/04 J & r concrete prod. inc. 18585 Supplies 050-9000-450.33-30 562.99 562.99 66661 2/19/04 Jobs available 403080 Advertisment 010-1210-412.36-25 309.38 309.38 66662 2/19/04 Joe's sheet metal 12758 Supplies 010-3200-431.33-30 129.30 129.30 66663 2/19/04 Karl's tractor service 1/13/04 Weed abatement 105-3320-431.34-05 836.50 836.50 Pan? 7 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66664 2/19/04 La chemcial 269910 Supplies 050-9000-450.33-30 1,444.91 1,444.91 66665 2/19/04 Lancaster inspection services 04-03 Professional services 010-3300-431.10-04 2,888.00 2,888.00 66666 2/19/04 Lavin, robed a. 02-04 Superintendentjan 2004 010-4200-410.10-04 5,320.00 5,320.00 66667 2/19/04 Los angeles engineering REQUEST 2/9/04 Reim water dep# 2727 050-0000-229.08-70 411.52 411.52 66668 2/19/04 Lsa associates, inc. 55161F Professional services 010-1700-417.30-90 1,172.50 1,172.50 66869 2/19/04 Main street realty REQUEST 2/9/04 Reim water dep# 40002195 050-0000-229.08-70 142.02 142.02 66670 2/19/04 Marroquin, jorge luis REQUEST 1/5/04 Reimb water dep #50019038 050-0000-229.08-70 41.00 41.00 66671 2/19/04 Matt chlor inc. 90335 Supplies 050-9000-450.33-30 376.96 376.96 66672 2/19/04 Merrill, roark REQUEST 2/9/04 Reim water dep# 10001019 050-0000-229.08-70 44.25 44.25 66673 2/19/04 Mickey ibarra & associates, inc. 193 Professional fees 010-2500-425.30-90 2,500.00 2,500.00 66674 2/19/04 Mission uniform services, inc. 17980950 17981969 17981972 17982991 17982994 Supplies Uniform supplies Supplies Uniform supplies Uniform supplies 010-7400-425.33-10 050-9000-450.21-35 010-4150-410.21-35 050-9000-450.21-35 010-4150-410.21-35 24.27 58.14 49.09 57.83 49.09 238.42 66675 2/19/04 Municipal management associatior 01190409 Membership dues 010-1200-412.31-20 50.00 50.00 66676 2/19/04 National business furniture MC0828-WOD Rack for magaznie 010-3300-431.21-10 169.97 169.97 66677 2/19/04 Neeley, carlo dwayne REQUEST 2/9/04 REQUEST 2/9/04 Reimb water dep# 20014008 Overpay on acct# 20014008 050-0000-229.08-70 050-0000-308.09-10 50.00 26.40 76.40 66678 2/19/04 New world systems 100000024062 100000024063 Rendered services Rendered services 060-3100-431.40-45 060-3100-431.40-45 393.64 210.12 603.76 66679 2/19/04 Nextel communications STMT 1/19/04 Telephone 010-3100-431.34-05 664.46 664.46 66680 2/19/04 Overnight industrial 22378 Supplies 010-4150-410.21-35 16.11 16.11 66681 2/19/04 Pacific alarm svc., inc. 40394 Feb 2004 010-3100-431.21-19 26.00 26.00 66682 2/19/04 Perez, garcia rosalina REQUEST 2/9/04 Reim water dep# 60024042 050-0000-229.08-70 67.40 67.40 66683 2/19/04 Perry, timothy alien REQUEST 2/9/04 Reim water dep# 30001118 050-0000-229.08-70 112.31 112.31 66884 2/19/04 Pierce plumbing 30535 30539 Supplies Supplies 010-7400-425.33-10 010-4150-410.33-30 1.51 26.04 27.55 Pane 8 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66685 2/19/04 Pip printing 66045 CREDIT 67138 67052 67394 Supplies Office supplies Office supplies Office supplies 010-1100-411.36-10 065-0000-103.12-65 010-1700-417.21-10 010-1700-417.21-10 -152.33 77.58 36.83 343.23 305.31 66686 2/19/04 Ponce, joel REQUEST 2/9/04 Reim water dep# 20005094 050-0000-229.08-70 9.10 9.10 66687 2/19/04 Powell, patricla r. REQUEST 2/9/04 Reim water dep# 40006077 050-0000-229.08-70 180.00 180.00 66688 2/19/04 Press enterprise 689121 689304 2145253 2131182 2131181 2150405 2151146 2140120 2132998 2132999 2138536 Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment 010-2510-425.40-09 010-1700-417.36-25 055-1111-411.30-90 010-1700-417.36-25 010-1700-417.36-25 010-1700-417.36-25 010-1700-417.36-25 010-1700-417.36-25 010-1210-412.36-25 010-1210-412.36-25 010-1210-412.36-25 371.70 185.85 252.25 86.90 24.85 69.10 170.50 114.40 767.15 866.17 712.35 3,621.22 66689 2/19/04 Quality auto parts D650015 D649026 D649025 D650734 D651392 D647144 D653552 D653819 D623698 D621126 Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies 056-4150-410.33-30 056-4150-410.33-30 056-4150-410.33-30 056-4150-410.33-50 010-7100-410.33-50 010-7100-410.33-50 050-9000-450.33-50 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 4.84 6.42 18.49 12.84 9.62 45.45 8.05 16.68 2.78 11.84 137.01 66690 2/19/04 Quirarte, maria REQUEST 2/9/04 Reim water dep# 10026090 050-0000-229.08-70 159.55 159.55 66691 2/19/04 Ramona floors 008449 Services rendered 010-3100-431.21-10 110.00 110.00 Pana 9 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66692 2/19/04 Ramona tire 131022 Supplies 050-9000-450.33-50 30.00 30.00 66693 2/19/04 Reliable YYY08400 YX772600 CYH74200 RL890500 CYH74200 CYH74200 RNW14100 RPM48900 CZG35200 CZG35200 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-4200-410.21-10 010-1100-411.21-10 010-3300-431.21-10 010-2500-425.21-10 010-1700-417.21-10 010-3300-431.21-10 010-1400-414.21-10 010-2500-425.21-10 010-2500-425.21-10 010-1700-417.21-10 36.75 109.32 72.16 119.58 135.72 9.12 37.79 575.36 247.28 139.19 1,482.27 66694 2/19/04 Riverside county sheriffs SH0000001590 SH0000001624 Nov13-dec10,2003 contract Booking fees 010-3100-431.10-04 010-3100-431.30-19 11,512.00 2,428.80 13,940.80 66695 2/19/04 Riverside, county of REQUEST 2/9/04 Parking violations 010-0000-304.03-35 53.00 53.00 66696 2/19/04 Rk engineering group, inc. 2004-09 Professional servcies 065-0000-201.06-47 225.00 225.00 66697 2/19/04 Rod's automotive performance 140127006 140120003 Auto repair Auto repair 010-3100-431.33-50 010-3100-431.33-50 696.21 40.40 736.61 66698 2/19/04 Rogers,anderson,malody & scott III 12/31/03 Professional services 010-1400-414.30-90 447.00 447.00 66699 2/19/04 Rosenow spevacek group inc. 13892 Professional servcies 010-1700-417.30-90 4,815.00 4,815.00 66700 2/19/04 Sharps ace hardware 637982 Supplies 050-9000-450.33-30 28.93 28.93 66701 2/19/04 Smart & final 36256 38841 Office supplies Supplies 010-2500-425.21-10 010-1200-412.21-10 52.88 43.82 96.70 66702 2/19/04 So. caiifornia gas co. 1/23/04 1031862 Utilities 010-2500-425.35-12 20.58 20.58 66703 2/19/04 Starner, edward I. 01012004 Interim supervisor 1/2004 050-9000-450.10-04 2,610.00 2,610.00 66704 2/19/04 State of caiifornia dept of justice 460411 460212 Analysis Analysis 010-3100-431,34-05 010-3100-431.34-05 210.00 35.00 245.00 66705 2/19/04 Stericycle 2640859 Analysis 010-3100-431.34-05 73.40 73.40 66706 2/19/04 Stetson engineers inc. 12264 Professional services 050-9000-450.40-01 9,368.09 9,368.09 Pano 1 n City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66707 2/19/04 Strattonsjanitorial service 2568 2569 2570 Cleaning fees jan 2004 Cleaning fees jan 2004 Cleaning fees jan 2004 010-7400-425.34-05 010-2500-425.34-05 010-1700-417.34-05 590.00 475.00 600.00 1,665.00 66708 2/19/04 Subbarayan krishnan, m.d. 09/09/03 WAGNEF Sjpd class a cpe 010-1210-412.30-16 400.00 400.00 66709 2/19/04 Sungard hte, inc. 843541 843469 Java-gmba software 04/05 Qrep-hte software 04/05 010-1400-414.34-05 010-1400-414.34-05 10,375.05 1,138.48 11,513.53 66710 2/19/04 Talley, joe b REQUEST 2/9/04 Reim water dep# 2045 050-0000-229.08-70 72.58 72.58 66711 2/19/04 Templeton, jack REQUEST 1/28/04 Reimbursment 010-1400-414.21-10 15.06 15.06 66712 2/19/04 Tri buick pontiac gmc BUCS63823 Auto repair 010-1400-414.33-50 446.89 446.89 68713 2/19/04 Tri-lake consultants, inc. 1921 1924 1923 1925 1926 1927 Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 1,472.79 12,686.02 3,380.86 8,679.84 4,626.07 8,444.01 39,289.59 66714 2/19/04 Underground service alert 4010605 Supplies 050-9000-450.33-30 213.60 213.60 66715 2/19/04 Valley chronicle, the 1523136 1523137 1523138 1523139 1523141 Advertisment Advertisment Advertisment Advertisment Advertisment 010-3100-431.21-10 010-3100-431.21-10 010-3100-431.21-10 010-3100-431.21-10 010-3100-431.21-10 20.00 20.00 20.00 20.00 20.00 100.00 66716 2/19/04 Vulcan materials company 200724 Supplies 010-4150-410.33-30 158.25 158.25 66717 2/19/04 Western highway products 355485 Supplies 021-4150-410.40-01 1,994.89 1,994.89 66718 2/19/04 Wetworks pool care 2/1/04 STMT Monthly service feb 2004 010-8400-425.33-10 681.33 681.33 66719 2/19/04 Withell, lydia REQUEST 2/9/04 Reimb overpay #30020060 050-0000-308.09-10 151.38 151.38 66720 2/19/04 Wolford, margaret 1-04 Transcription fees 010-3100-431.34-05 324.00 324.00 66721 2/19/04 Xerox corporation 000358470 000358731 Lease on copiers Lease on copiers 010-2500-425.34-05 010-2500-425.34-05 737.96 180.91 1,584.51 Panes 11 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66721... 2/19/04... Xerox corporation... 358739 358766 186503524 Lease on copier Lease on copier Lease on copier 010-7400-425.34-05 010-2500-425.34-05 010-3100-431.34-05 199.97 383.78 81.89 1,584.51... 66722 2/19/04 24 hour fire protection, inc. 103151 Supplies 010-3100-431.33-10 45.00 45.00 66723 2/19/04 5th palm dale corporation REQUEST 2/5/04 Refund overpay bus licens 010-0000-301.01-60 70.00 70.00 66724 2/19/04 9-1-1 magazine 902051-82 Magazine subcription 010-3100-431.21-15 26.95 26.95 Total Checks 489,413.52 PanP 19 AGENDA ITEM 5.3 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director/' SUBJECT: Ratification of the City Manager's Approval and Execution of a Contract with Kammeyer and Associates to conduct ongoing Landscape Plan Checks and Inspections. RECOMMENDATION: By motion, ratify the City Manager's Approval and Execution of a Contract with Kammeyer and Associates to conduct ongoing Landscape Plan Checks and Inspections. BACKGROUND: In order to ensure that parkway landscaping improvements and parks have appropriate landscape and irrigation improvements, Staff recently solicited proposals from landscape architectural firms to provide for ongoing landscape plan checks and inspections. Two proposals were received, one from David Evans and Associates and the other from Kammeyer and Associates. Staff recommended that the City Manager engage the services of Kammeyer and Associates because of the lower rates quoted for plan check and inspection, and the firms positive history with the City (Main Street Project). City Manager: Finance Director: Page 1 of 2 JUSTIFICATION: The City Manager is authorized to execute professional service contracts up to $75,000. While it is not anticipated that the contract will generate service costs in excess of $75,000 this fiscal year, it is possible that the overall life of the service contract could result in costs over $75,000. Therefore, the City Manager felt it was important that the Council ratify his contract approval and execution. BUDGETARY IMPACT: The cost of the services will be fully reimbursed through plan check and inspection fees. ATTACHMENTS: Contract Page 2of2 CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 8`h day of December, 2003 by and between the City of San Jacinto, a public body, corporate and politic, with its principal place of business at 201 East Main Street, San Jacinto, Califomia 92583 ("City") and Kammeyer &Associates a corporation, with its principal place of business at The Ranch, 2837 Kellogg Avenue, Corona, Califomia, 92881- 3524 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Landscape Plan Check and Inspection services to public clients, is licensed in the State of Califomia, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Landscape Plan Check and Inspections services for the City of San Jacinto ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to fumish to the City all labor, materials, tools, equipment, services, and incidental and customarywork necessary to fully and adequately supply the professional Plan Check consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from December 8, 2003, until determined by Community Development Director unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set by City staff. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of RVPUBIDKG1621686 -1- Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference ("Schedule"). Consultant represents and warrants that it has the professional and technical personnel required to perform the Services in conformance with such Schedule. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance time lines to meet the Schedule. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project at the request of the City. 3.2.5 Agency's Representative. The City hereby designates its Community Development Director, or his/her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Todd Bagley, RLA, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Califomia. Consultant represents and warrants that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant RVPUBIDKG\621686 -2- represents and warrants that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City of San Jacinto ("City") business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising there from. Consultant shall defend, indemnify and hold the City, the City and their respective directors, officials, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' RVPUB'DKG\621686 -3- Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of Califomia. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than approved by the City's Risk Manager, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City and it's respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such Services; and (2) the insurance coverage shall be primary insurance as respects the City and it's respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City and their respective directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City and it's respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City and it's respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained the City and it's respective directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City and it's respective directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, retum receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City and it's respective directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City and its respective directors, officials, officers, employees, agents and volunteers. RVPUB\DKG\621686 -4- 3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either. (A) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Agency, the City and its respective directors, officials, officers, employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in Califomia, and satisfactory to the Agency. 3.2.10.8 Verification of Coverage. Consultant shall fumish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before performance of Services commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and perform its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized cost and expense reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. In no event shall the total compensation, including authorized cost and expense reimbursements, exceed One Thousand Two Hundred dollars ($1,200.00) for the preparation of a plan check list and an hourly fee for plan check services will be Eighty-five dollars per hour ($85.00lhour) without written approval of Agency's Representative. Extra Work, as defined below, may be authorized as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates the portion of Services work completed and hours of work rendered by Consultant. The statement shall describe the portion of Services and hours of work rendered by Consultant since the initial commencement date, or since the start of subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request RVPUB\DKG\621686 -5- that Consultant perform "Extra Work". As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of Califomia Labor Code Sections 1720 et seq. and 1770 et seq., as well as Califomia Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the Agency, the City and its respective directors, officials, officers, employees, agents or volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents & Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. RVPUB\DKG621686 -6- 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: Consultant: Kammeyer & Associates Attn: Todd Bagley The Ranch 2837 Kellogg Avenue Corona, CA 92881-3524 City: City of San Jacinto Attn: Community Development Director 201 East Main Street San Jacinto, CA 92583 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing fumished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Agency. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, RVPUB\DKG1621686 -7- appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attomey's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, the City and its respective directors, officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attomeys' fees, expert witness fees, and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City and its respective directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Agency, the City and/or their respective directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Agency, the City and their respective directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City and its respective directors, officials officers, employees, agents and volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, letters, memoranda or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.8 Goveming Law. This Agreement shall be govemed by the laws of the State of Califomia. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Agency's Right to Employ Other Consultants. City reserves the right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Consultant without the prior written consent of the Agency, which may be given or withheld in the City's sole and absolute discretion. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City, which may be given or withheld in the City's sole and absolute discretion. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have RVPUBIDKG1621686 participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise specified in this Agreement, any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, consultants and subcontractors of Consultant except as otherwise specified in this Agreement. All references to City or City include its respective directors, officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No waiver, supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the tern of this Agreement, no member, officer or employee of City, during the term of his/ her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise Program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the Califomia Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and RVPUB\DKG\621686 -9- authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to mike this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of the Agency. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF SAN CINTO COMMON D; ELOP T DICE R "AGEN • / By: eter Cosentini City Manager Its: Attest: ity041 (ArIDU oa4 Clerk Approved as to Form: Best Best & Krieger LLP City Attorney KAMMEYER & ASSOCIATES TODD BAGLE "CONSULT ��� ID By: 1/✓ RVPUBIDKG1621686 -10- EXHIBIT "A" SCOPE OF SERVICES The Services to be performed by Consultant for the Project pursuant to this Agreement shall include but not be limited to the following specific tasks: • Develop Review Criteria and Check List (A one time effort): Using the City design guidelines we will revise and reformat the boiler plate check list we have included in proposal. This check list will serve a guideline for plan checker and the plan preparer. We suggest that this check list could be prepared in segments. We suggest the following check list segments: o Median & Parkways o Erosion Control o Commercial & Industrial o Retail, Offices and Churches o Residential development and apartments o Streetscapes o Parks and Open space • Pick-up and Drop-off: We plan on providing pick-up of plans and documents a minimum of two times a week, such as Tuesday and Friday; We are available to provide pick-up other than the scheduled pick-up dates when requested by the City. Additional pick ups will be for those projects the City wishes to place a special priority on. We will call the City ahead of time to coordinate the pick up and delivery of documents. • Plan Check: Having provided plan checking services and having had the experience of waiting for a plan check so a project may proceed we know how important it is to have prompt tum around of plan checks. With few exceptions we will provide a one week turn around on plan checks. Exceptions to the one week tum around will be an exceptionally high volume of plan checks or a particularly sensitive project where we may need to discuss issues with City Staff. • Weekly Check -in Meeting: Weekly we will meet with City Staff to review completed projects, discuss project specific issues, coordinate calendar issues and tract projects. • On -call Field Review: We will be on -call to assist the City in having quality control over projects which are built in the City. Upon the notice of the City we will be available to project inspection services. • Field Report: After each field inspection will prepare a project punch list and field report summary we will prepare the punch list and field report the next business day following the inspection. • Availability for project meetings: At the request of the City we will be available to attend meeting with project participates. • On -call attendance at Council & Planning Commission Meetings: We know that it can be helpful to staff to have the plan checker attend Planning Commission and Council meeting. At the request of the City Staff we will be available to attend these meetings. RVPUBIDKG1621686 A-1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from November 24, 2003 until determined by the Community Development Director, unless earlier terminated as provided in this Agreement. EITHER: Consultant shall completed all Services within the term of this Agreement and shall meet all other established schedules and/or deadlines set by Citystaff. RVPUBIDKG1621666 R-1 EXHIBIT "C" COMPENSATION Consultant shall receive compensation, including authorized cost and expense reimbursement, for all Services rendered under this Agreement at the rates set forth below. In no event shall total compensation, including authorized cost and expense reimbursements, exceed One thousand two hundred and 00/100 dollars ($1,200.00) for the preparation of a plan check list, and an hourly fee of eighty-five and 00/100 dollars ($85.00) for plan check services without written approval of Agency's Representative. RVPUB'DKG1621686 C-1 AGENDA ITEM 6.1 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk' — SUBJECT: Committee and/or Agency Agendas RECOMMENDATION: Receive and file. BACKGROUND: Information per Council's request. JUSTIFICATION: None BUDGETARY IMPACT: None ATTACHMENTS: Library RCTC RTA VEDC WROG Pane 1 of 1 Approvals City Manager: Finance Director: 02/05/2004 12:31 9094878069 SAJE PAGE 02 San Jacinto Branch Library Submitted by Elise Kahn, Branch Manager January 2004 The end of January also brought the end of the semester for the San Jacinto High School students. With 3 days of finals and a day off, it gave staff time to catch up on various housekeeping duties. For the month of January we continue to have an average daily attendance of 850 people visiting the library. On January 16Th the San Jacinto High School National Honor Society students presented a Winnie the Pooh program for the children in the community. The students did a wonderful job and had quite an audience. There were 53 children and 22 adults that attended the program. The program consisted of a student reading a Winnie the Pooh story in the childrens room and asking questions about the story afterward and giving out candy for the answers. In the conference room there was a Winnie the Pooh video showing and coloring pages to work on. All in all it was a great success and I hope to have more programs such as this put on by the students of SJHS. We are seeing new faces coming in to the San Jacinto Library as tax season is upon us. People who never knew the library was here are discovering us and also getting their tax forms. We are in the process of getting our new Books on Tape on the shelves. Thanks to our Friends group we now have $1,000 worth of new unabridged Books on Tape/CI7. We have also received our new Early Readers that the Friends donated money for and they are flying out the door. Library Assistant Brenda Ruvalcaba has sent coloring pages of the United States Presidents to a teacher to be colored by local elementary school students. The finished pages will a part of our Presidents Day display. We are hoping the students will come into the library to see their artwork on display. RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE (COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON, ROBIN LOWE, JOHN TAVAGLIONE, JIM VENABLE, FRANK WEST, ROY WILSON) 8:30 A.M. (Note: Change in meeting time from 8:00 a.m. to 8:30 a.m.) Wednesday, February 11, 2004 County of Riverside Administrative Center Conference Room "A" 4080 Lemon Street, 3rd Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in an Executive Committee meeting, please contact the Clerk of the Commission at (909) 787- 7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PUBLIC COMMENTS 3. AGREEMENT NO. 04-12-049, EMPLOYEE ASSISTANCE PROGRAM (EAP) SUBSCRIBER AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION Overview This item is to approve the agreement between the County of Riverside and the Riverside County Transportation Commission for the County to provide EAP services to Commission employees and their eligible dependents. 4. RESOLUTION NO. 04-007, RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO PROVIDE EMPLOYEE ASSISTANCE PROGRAM Overview This item is to amend the Commission's Personnel Rules to include the Employee Assistance Program. 5. ADJOURNMENT The next Executive Committee meeting is scheduled to be held at 8:00 a.m., on Wednesday, March 10, 2004, at the Riverside County Transportation Commission's Conference Room "A", 4080 Lemon Street, 3`d Floor, Riverside, California. RTA Riverside Transit Agency a Riverside Transit Agency 00Board of Directors Meeting Meeting No. 2004-1A January 22, 2004 2:00 p.m. 1825 Third Street Riverside, CA 92507 LEASE NOTE: The Chairman of the Board kindly requests that cell hones be turned off during the meeting ITEM 1. CALL TO ORDER 2. SELF -INTRODUCTIONS 3. FLAG SALUTE 4. PUBLIC COMMENTS — NON -AGENDA ITEMS Members of the public may address the Board regarding any item within the subject matter jurisdiction of the Board; however, no action may be taken on off -agenda items unless authorized by law. Comments shall be limited to matters not listed on the agenda. Members of the public may comment on any matter listed on the agenda at the time that the Board considers that matter. Each person's presentation is limited to a maximum of three (3) minutes 5. PRESENTATION OF GAVEL TO DIRECTOR MOORE IN RECOGNITION OF HIS SERVICE AS BOARD CHAIRMAN AND PRESENTATION OF AWARD TO CHAIRMAN JON WINNINGHAM IN RECOGNITION OF FIVE YEARS OF SERVICE (P. 5) RECOMMENDATION RECEIVE COMMENTS MAKE PRESENTATION 6. APPROVAL OF MINUTES — NOVEMBER 20, 2003, BOARD MEETING (P. 6) APPROVE Any Person with a disability who requires a modification or accommodation in order to participate in this meeting should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting. RTA BOARD OF DIRECTORS MEETING JANUARY 22, 2004 ITEM 7. 8. CHIEF EXECUTIVE OFFICER'S REPORT CONSENT CALENDAR All items on the Consent Calendar will be approved by one motion and there will be no discussion on individual items unless a Board member or member of the public requests a specific item be pulled from the calendar for separate discussion A. RTA Financial Profile — December 2003 (P. 14) B. Ridership Report - December 2003 (P. 27) C. Personnel Report - December 2003 (P. 33) D. Transportation Center Report — December 2003 (P. 38) E. On -Time Performance Report — December 2003 (P. 44) F. Board Administrative Committee Minutes — November 12, 2003, Meeting (P. 50) G. Board Operations Committee Minutes — December 3, 2003, Meeting (P. 52) H. ADA Quarterly Minutes — October 7, 2003, Meeting (P. 54) I. Transportation NOW Meeting Attendees — January (P. 56) J. Agency Credit Card Statement for December 2003 (P. 57) K. Investment Report — Period Ending December 31, 2003 (P. 58) PAGE 2 RECOMMENDATION RECEIVE REPORT RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RTA BOARD OF DIRECTORS MEETING PAGE 3 JANUARY 22, 2004 ITEM RECOMMENDATION L. Authorization to Enter into a Reciprocal Agreement with the City of Riverside for Compressed Natural Gas (CNG) Fueling (P. 59) Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (1/7/04 and 1/14/04 Meetings) M. Riverside Transit Agency (RTA) Investment Policy Update (P. 66) APPROVE APPROVE Board Budget and Finance Committee Reviewed and Recommended (1/7/04 Meeting) N. Recommendation - Change of Service Provider for 401A Retirement Plan (P. 71) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (1/7/04 and 1/14/04 Meetings) O. Information Security Policy (P. 73) APPROVE Board Administrative Committee Reviewed and Recommended (1/14/04 Meeting) CAPITALIZATION POLICY AMENDMENT - CHANGE IN MONETARY THRESHOLD FOR CAPITALIZATION OF RIVERSIDE TRANSIT AGENCY (RTA) ASSETS (P. 84) Board Budget and Finance Committee Reviewed and Recommended (1/7/04 Meeting) 10. COMMENTS TO SCAG ON THE DRAFT 2004 REGIONAL TRANSPORTATION PLAN (P. 87) APPROVE APPROVE Board Operations and Board Administrative Committees Reviewed and Recommended (1/7/04 and 1/14/04 Meetings) RTA BOARD OF DIRECTORS MEETING PAGE 4 JANUARY 22, 2004 ITEM 11. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) TO DISCUSS POSSIBLE TERMINATION OF APPROVED BID PROPOSAL 12. BOARD MEMBER COMMENTS AND REMARKS 13. ANNOUNCEMENTS 4. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, February 26, 2004 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA 92507-3484 15. ADJOURNMENT RECOMMENDATION WRCOG WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 014 ote QIa sP 608 EXECUTIVE COMMITTEE AGENDA Monday, February 2, 2004 2:00 p.m. County of Riverside 15t Floor Board Room CALL TO ORDER Chair Jim Venable PLEDGE OF ALLEGIANCE PUBLIC COMMENTS At this time members of the public may address the Executive Committee regarding any items within the subject matter jurisdiction of the Executive Committee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Executive Committee on any matter, whether or not it appears on this agenda, is requested to complete a "Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Executive Committee In writing and only pertinent points presented orally. MINUTES I.A Minutes from the December 1, 2003 Executive Committee meeting are available for consideration. Requested Action: Approve Minutes. M-1 CONSENT AGENDA II.A SANDAG/WRCOG Elgeritte Adidjaja Page 1 1-15 - Interregional Partnership Update Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected officials representing the Western Riverside Council of Governments (WRCOG) and the San Diego Association of Governments (SANDAG). The Partnership is funded by the State Department of Housing and Community Development and is intended to address jobs/housing balance issues. Requested Action: Receive and file. II.B Appointment to Countywide Barbara Spoonhour Page 3 Solid Waste management Advisory Committee Background: A vacancy on the Committee to be filled by WRCOG exists. Requested Action: 1. Appoint Barbara Spoonhour as WRCOG's representative to the Countywide Solid Waste Management Committee, and Danielle Maxson as alternate. 2. Direct staff to continue to solicit interest among jurisdictions in serving on the Committee. II.0 Solid Waste Cooperative Program Update Background: submitted to the CIWMB by February 2, 2004. Requested Action: Receive and file. II.D TUMF Update Ruthanne Taylor Berger Background: Staff has provided updates on the current activities of the TUMF Program. Requested Action: Receive and file. II. E March Inland Port Ground Access Study Barbara Spoonhour Page 9 In December, 2003, the California Integrated Waste Management Board (CIWMB) released the 2002 annual diversion numbers for WRCOG jurisdictions. Annual reports are being submitted to jurisdictional staff for review and need to be Page 11 Elgeritte Adidjaja Page 13 Background: The Southern California Association of Governments (SCAG issued a notice to proceed on a contract awarded to the Western Riverside Council of Governments and Katz, Okitsu, and Associates (KO&A) to study the ground access issues the March ARB. Requested Action: Receive and file. REPORTSIDISCUSSION III.A MSHCP Update Rick Bishop Page 17 Background: An update on the status of MSHCP adoption by jurisdictions and related issues will be provided. The initial meeting of the Riverside Conservation Authority will take place after the Executive Committee meeting. Requested Action: 1. Receive report. 2. Provide direction to staff if necessary. III.B WRCOG/OCCOG Alexa Washburn Page 19 SR-91 — Interregional Partnership Update Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected officials representing the Western Riverside Council of Governments (WRCOG) and the Orange County Association of Governments (OCCOG). The Partnership is funded by the State Department of Housing and Community Development and is intended to address jobs/housing balance issues. Requested Action: Receive report. III.0 Report from League of California Cities Page 61 Regional Representative Background: Dave Willmon Dave Willmon, the League of California Cities Regional Representative for Riverside County, will provide an update on activities being undertaken by the League of California Cities. Requested Action: Receive report. III.D Regional Transportation Plan Rick Bishop Page 63 Background: The Southern California Association of Governments (SCAG) has been preparing the 2004 Regional Transportation Plan. Requested Action: 1. Receive report. 2. Direct staff to transmit Draft RTP comments to SCAG prior to February 9, 2004. OTHER MATTERS IV. Items for Future Agendas Members Members are invited to suggest additional items to be brought forward for discussion at future Executive Committee meetings. V. General Announcements Members Members are invited to announce items/activities which may be of general interest to the Executive Committee. VI. Next Meeting: The Executive Committee will meet on March 1, 2004 at 2:00pm. VII. ADJOURNMENT REGIONAL CONSERVATION AUTHORITY e AGENDA g0n��� Monday, February 2, 2004 SO�oaOA 3:30 p.m. Q�Ba Snwoe County of Riverside Administrative Center Board Hearing Room I. CALL TO ORDER WRCOG Chair Jim Venable II. WELCOME AND INTRODUCTIONS III, PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENTS At this time members of the public may address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, Is requested to complete a "Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. V. PROPOSED APPROACH TO TODAY'S RCA BOARD MEETING Requested Action: Operate on consensus of those attending today's meeting, and recognize that only those jurisdictions that have approved the Joint Powers Agreement establishing the Regional Conservation Authority are authorized to vote. VI. SELECTION OF INTERIM CHAIR AND VICE CHAIR Requested Action: Select interim Chair and Vice Chair, subject to re -affirmation at the next scheduled RCA meeting when a majority of jurisdictions will have acted to approve the JPA establishing the Regional Conservation Authority. VII. MEETING SCHEDULE FOR 2004 Requested Action: Approve RCA Board Meeting Schedule for 2004, subject to re -affirmation at the next scheduled RCA meeting when a majority of jurisdictions will have acted to approve the JPA establishing the Regional Conservation Authority. H:\Meetings\MSHCP1Agendas\rca agendas04\RCAag0202204.doc VIII. CONSENT AGENDA No Consent Items for this Agenda IX. REPORTS IX.A MSHCP/JPA Adoption Status Requested Action: Receive report. IX.B MSHCP Overview/ Role of the RCA Requested Action: Receive report. IX.0 Legal Matters a. Status of "No Surprises" Ruling b. Local Action regarding MSHCP c. Legal Counsel Requested Action: 1. Receive reports. 2. Appoint Best, Best and Krieger as Interim Legal Counsel to serve the RCA Board through the end of the fiscal year. 3. Direct staff to prepare an RFQ for MSHCP legal services for Fiscal year 2004-05. IX.D Consideration of Resolution No. 04-01, a Resolution Of The Board Of Directors Of The Western Riverside County Regional Conservation Authority Making Responsible Agency Findings Pursuant To The California Environmental Quality Act For The Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Approving The Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Implementing Agreement, Adopting Environmental Findings Pursuant To The California Environmental Quality Act, And Adopting A Statement Of Overriding Considerations And Authorizing The Chair Of The Board To Execute The Implementing Agreement. Requested Action: Adopt Resolution 04-01, a Resolution Of The Board Of Directors Of The Western Riverside County Regional Conservation Authority Making Responsible Agency Findings Pursuant To The California Environmental Quality Act For The Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Approving The Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Implementing Agreement, Adopting Environmental Findings Pursuant To The California Environmental Quality Act, And Adopting A Statement Of Overriding Considerations And Authorizing The Chair Of The Board To Execute The Implementing Agreement. IX.E Discussion of Staffing Arrangements Requested Action: Discuss and provide further direction to staff. H:1Meetings\MSHCP'Agendas1rca agendas041RCAag0202204.doc ITEMS FOR NEXT MEETING XI. ITEMS FOR FUTURE AGENDAS Members Members are invited to suggest additional items to be brought forward for discussion at future Regional Conservation Agency meetings. XII. NEXT MEETING: March 1, 2004 4:00 p.m. 4080 Lemon St., Board Hearing Room XIII. ADJOURNMENT H:1Meelings\MSHCP\Agendas\rca agendas041RCAag0202204.doc Cam SECOND ST dR� FIRSTS J ■ EI'ONET kS�"Ds- W _.SECOND. li y _= ys� ■ \, L �, THIRD sT o• trir❑ s.; rriiRo's w u 10 •'\ I s ' iR j� k . _ re.LIAIN ST . NA N S Ng • a-i• • L.7. . • sk Nib ST, . - SEW_NS fir - - — -1 , 1 -I !Wm I • - 4- - 'It lilk;11 ; Ns\\A. - '.;:--.• - 4 --.'.i.9- r .1.1,.. r.i "ectke' : .1 \ v. •,.,,,s. . a "2 II "I I . 54-'4 _E• ,-,' ._ to . wi.p. ,i, %,4,'",,,,,. ij '1 1 1; , i ',-'• - 4 ,.:.•1 - _ RD ST THI• . iHIRD gr TRIPS --'I .. 1 0' • - '74r ; ,.. CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing CONDITIONAL USE PERMIT 03-03 PROPOSAL ENVIRONMENTAL DATE/TIME WHERE TO GO WHO TO CALL Subject Site The San Jacinto Street Retail Center project consists of the construction of a retail shopping center on an approximately 26.09 — acre site. After street frontage dedications are deducted, the project site totals 25.46 acres. The center includes a total of approximately 243,000 square feet of retail space comprised of a 218,000 — square foot major retail store, three fast -foot restaurants, kJ; sit-sowiF restaurant, and a 12-pump fueling station. The 218,000 retail store and 12-position fueling station will be located on a 20.86 acre parcel. The fueling station will be located under a canopy cover and will include a kiosk totaling approximately 600 square feet, The remaining 4.6 acres of the site will be subdivided into four parcels consisting of freestanding retail pads. These parcels will contain a 4,200 — square foot fast-food restaurant with drive -through, a 9,000 — square foot sit-down restaurant, and an 8,000 — square foot retail shop building (consisting of a mixture of food, service, and/or retail uses) with a drive -through. Alternative uses may be substituted for the fast food uses identified in the 4 parcels, including retail uses with or without drive through lanes. The proposed San Jacinto Retail Center will be located at the southeast corner of San Jacinto Street and Commonwealth Avenue Applicant: Tom Moody, Adams Engineering Consultants 1902 Wright Place, Suite 200 Carlsbad, CA 92008 In accordance with the California Environmental Quality Act (CEQA) a draft EIR has been prepared for the San Jacinto Street Retail project. The Draft EIR discusses the proposed projects impacts on transportation/circulation, air quality, noise, biological resources, hydrology and water quality, and agricultural resources. All significant effects of the proposed project have been reduced to less than significant levels with implementation of mitigation, with the exception of transportation/circulation, air quality, noise and agriculture. Statement of Overriding Considerations will be prepared for adoption as to these issues. February 19, 2004 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto San Jacinto, CA 92583 For additional information contact: Community Development Dept. 248 E. Main Street San Jacinto, CA 92583 (909) 487-7330 District Offices Dorothy Chouinard - Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road) Page 1 From: "Jeff S. Ballinger" <Jeff.Ballinger@bbklaw.com> To: "Dorothy Chouinard" <dchouinard@sanjacintoca.us> Date: 2/10/04 10:19PM Subject: Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road) Dorothy, Please add the following to the closed session agenda for Feb. 19, 2004: CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (One (1) or more potential cases) Thanks! Jeff Ballinger Best Best & Krieger 3750 University Avenue Riverside, CA 92502-1028 (909) 686-1450 Office (909) 686-3083 Fax This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. *********************************************************************************** CC: "Peter Cosentini" <pcosentini@sanjacintoca.us> NOTICE OF HEARING ON ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 14) AND ASSESSMENTS PROPOSED TO BE LEVIED ON THAT PROPERTY FOR FISCAL YEAR 2003-04 NOTICE IS HEREBY GIVEN that at 7:00 o'clock p.m. on February 19, 2004 in the San Jacinto Unified School District Board Room at 2045 South San Jacinto Avenue, San Jacinto, California, the City Council of the City of San Jacinto ("City") will conduct a public hearing regarding the annexation of certain property, generally located at the northeast corner of Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside, to Landscaping, Lighting and Park District No. 2 ("District") as Annexation No. 14 which, if annexed, will become Zone 14 of the District, and the assessments which are proposed to be levied on parcels of property in Zone 14 for fiscal year 2003-04. According to the City's records, you are the record owner of a parcel or parcels of property within Zone 14 which is or are subject to the levy of the proposed assessments. The total amount of the assessments which are proposed to be levied for fiscal year 2003-04 on parcels in Zone 14 is $481.97. The amount of the assessment which is proposed to be levied on each parcel in the District is $481.97 per unit of benefit. The assessments are proposed to be levied to pay the annual cost of the installation, operation, maintenance and servicing of street lighting and any other appurtenant improvements ("Improvements") in the District. The total amount of the assessments which are proposed to be levied on parcels of property in Zone 14 is equal to the amount of the estimated annual cost of the installation, operation, maintenance and servicing of the Improvements within Zone 14 for the 2003-04 fiscal year. The amount of the assessment which is proposed to be levied on each parcel in Zone 14 was calculated on the basis of the proportionate special benefit derived by the parcel in relationship to the entirety of the costs that are related to the installation, operation, maintenance and servicing of the Improvements for said fiscal year and was determined by dividing the estimated annual cost by the number of units of benefit within Zone 14. The assessments will be levied on all parcels within Zone 14 so long as such assessments are necessary to pay the annual cost of the installation, operation, maintenance and servicing of the Improvements in Zone 14. The City Council has determined that the amount of the assessment which will be levied per parcel for each parcel in Zone 14 in future fiscal years may be increased by the percentage increase in the Consumer Price Index - All Urban Consumers for the Los Angeles -Anaheim -Riverside Area provided that the amount of the assessment is not increased by more than seven and one-half percent (7 'h%) in any fiscal year and provided that the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the reasonable costs of the proportional special benefit conferred on the parcel. Property owners who vote Assessment Ballots in support of the levy of the proposed assessment will also be ORANGE/JR\ voting in support of such an increase in the annual amount of assessments to be levied in future fiscal years. At the conclusion of the public hearing, the City Clerk will tabulate the assessment ballots submitted, and not withdrawn, in support of or opposition to the levy of the proposed assessments. A majority protest will exist if the assessment ballots submitted, and not withdrawn, in opposition to the levy of the proposed assessments exceed the assessment ballots submitted, and not withdrawn, in favor of the levy of the proposed assessments, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot is submitted. If there is a majority protest against the levy of the proposed assessments, the property will not be annexed to the District and the City Council will not levy the proposed assessments on parcels of property within Zone 14. DATED: February 4, 2004 Jsl Dorothy Chouinard City Clerk City of San Jacinto ORANGE/JR\ City/County Code Section Ordinance Text Hemet Riverside County 90-61(a) Whenever a structure which does not comply with the minimum development standards and site development requirements for the zone in which the structure is located, is damaged by fire, calamity, act of God or by the public enemy to the extent of 50 percent or less of the value of the structure as determined by the building official, based upon the latest International Conference of Building Officials Building Valuation Data Table, the structure may be restored. The restoration shall be started within 12 months from the date of damage and diligently pursued to completion. When the damage exceeds 50 percent or the structure is razed for any reason, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located. (Ord. No 1585, § 8-25-98) 17.184.090(B) The provisions of this chapter [generally limiting increases to 25% of floor area, but imposing objective time limits on continuance of nonconformities] shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God; provided, however, any such rebuilding, reconstruction or repairing shall not extend the period of nonconforming time in which the use must be eliminated. (Ord. 348.3928 § 2 •art , 2000: Ord. 348 • 18.8 h , Moreno Valley 9.02.180(G) S:\jsb\San Jacinto\Burn Policy Staff Report.doc 1. Whenever a legal nonconforming use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or less, the improvement may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed. 2. If the use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or more, the use or improvement may not be restored except as provided for below in subparagraphs 5, 6, 7 and 8. 4. Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. 5. In any district, a legal nonconforming residential use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 6. In any district, a legal nonconforming place of worship or other quasi -public use or improvement destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 7. In any commercial district, a legal nonconforming commercial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 8. In any industrial district, a legal nonconforming industrial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 9. Any legal nonconforming use or improvement restored after damage and allowed within this section is subject to review under an administrative plot plan and shall adhere to the following findings: a. The proposal shall not be for the purpose of increasing the number of living units on the property. b. The proposal shall benefit the health, safety and welfare of the occupants on the site, and not be detrimental to any surrounding properties. c. The proposal shall be architecturally compatible with the existing building. d. The proposal shall not displace required on -site parking, landscaping or other conforming Municipal Code requirements. S:\jsb\San Jacinto\Burn Policy Staff Report.doc e. Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. Colton 18.46.040 Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not reconstructed except in conformity with the provisions of this title. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992) Indian Wells 21.90.030(e) A non -conforming building and/or structure which is damaged or partially destroyed by fire, explosion or man - induced or natural disaster to the extent of more than seventy-five percent (75%) of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this division. (Ord. 387 §1, 1996) Long Beach 21.27.090 Any building containing a nonconforming use or any nonconforming structure may be repaired and restored to its nonconforming state if the need for repairs or restoration shall be the result of fire, explosion, earthquake, imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or abatement of earthquake hazard in accordance with City regulations. Such restoration shall comply with the following conditions: A. Level Of Restoration. The damaged use or structure may be repaired or rebuilt to the area and footprint of the previous use or structure. Alternatively, the use or structure may be repaired or rebuilt to a more conforming area or footprint. B. Additional Floor Area Added. If during restoration and/or reconstruction additional floor area is added, the use or structure shall abandon its nonconforming status. C. Time Limit. The repairs must be commenced within one year of the event causing damage to the use or structure, and the repairs must be diligently pursued until completed. (Ord. C-7663 § 5, 1999). Murrieta 16.32.050(B) If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied S:\jsb\San Jacinto\Burn Policy Staff Report.doc only as follows: 1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and 2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration. (Ord. 182 § 2 (part), 1997) Ontario 9-1.0710(b) A legal nonconforming structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than fifty percent (50%) of fair market value or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within six (6) months, unless extended by the Zoning Administrator, and diligently pursued. In the event that the cost of repairing such damage exceeds fifty percent (50%) of the value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density subject to the following conditions: (1) The Planning Commission, after holding a public hearing, finds that continuing the nonconforming use will not result in an annoyance to and/or reduction of, any surrounding property. A public hearing and Planning Commission findings, pursuant to division (b) of this section, shall not be required for a parcel of land that is designated for a residential land use on the General Plan and contains six (6) or fewer dwelling units; (2) The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of S:\jsb\San .Jacinto\Burn Policy Staff Report.doc restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official; and (3) The restoration is commenced within six (6) months and diligently pursued to completion. (4) Nothing in this section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance. A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of ninety (90) or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code. Temecula 17.03.070(G) 1. Whenever a structure which does not comply with the development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the development standards for the zone in which the structure is located, or the use of which does not conform with the development standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent or more, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the development standards for the zone in which it is located and the nonconforming use shall not thereafter be resumed. 2. The extent of damage or partial destruction shall be based upon the ratio of fifty percent of the estimated replacement cost of restoring the structure to its condition prior to such damage or partial destruction, or to fifty percent of the estimated cost of duplicating the entire structure as it existed prior to said damage or partial destruction. Estimates for this purpose shall be made by S:\jsb\San Jacinto Burn Policy Staff Report.doc or shall be reviewed and approved by the building official, and shall be based on the minimum cost of construction in compliance with the city's building code as the same exists on the date the estimates are submitted. 3. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. (Ord. 95- 16 § 2 (part)) S:\jsb\San Jacinto\Burn Policy Staff Report.doc REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: t r SUBJECT: DATE: <21./g104i IN FAVOR: NEUTRAL: ❑ Name: ' )v Representing: 5 +1 TA/ L 4 6 P1'sj- Address: P0we vt� City: 5 �\ C 01(.11 P 4), IN OPPOSITION: 0 Telephone No.: LL t 7 - — Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. AGENDA REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL FEBRUARY 19, 2004, 7:00 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 CaII to Order 1.2 Roll Call 1.3 Invocation — Rev. Randy Leeper, Faith Tabernacle, San Jacinto 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 San Jacinto Valley Academy 2. PUBLIC COMMENTS: Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A recap of the nonagendized comments will be addressed under item number 2.1 during the City's second regular meeting of the month. 2.1 City Manager's Report / Recap of 1/22/04 and 2/5/04 Public Comments 3. PUBLIC HEARING 3.1 Annexation of Property to Landscaping, Lighting and Park District (LLPD) No. 2 - Annexation No. 14 (Mt. San Jacinto Junior College) / City Attorney 3.1.1 Resolution No. _ / A Resolution Initiating Proceedings for the Annexation of Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt 3.1.2 Resolution No. / A Resolution Approving the Engineer's Report for the Annexation of Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt 3.1.3 Resolution No. / A Resolution Declaring Intention to Annex Property to LLPD No. 2 (Annexation No. 14) / Approve and Adopt City Council Agenda February 19, 2004 Page 2 of 3 3.1.4 Public Hearing / At the conclusion of the public hearing if the City Council determines that a majority protest does not exist, adopt Resolution No. / A Resolution Ordering Annexation of Territory to LLPD No. 2 and Levying Assessments 4. CITY DEPARTMENTS 4.1 Police Activities League (PAL) Building Location and Structure Materials / Select building site and Authorize staff to solicit proposals for a traditional wood frame building / Community Development Director 4.2 Burn Policy / Direct staff / City Attorney & Community Development Director 4.3 Skyview Lane Landscape / Direct staff and recommend funding source / Public Works Superintendent 4.4 Developer Deposit Policy / Resolution No. _ / A Resolution authorizing the establishment of a deposit program for expedited review of development projects /Approve and Adopt / city Attorney 4.5 Resolution No. / A Resolution amending the City's Local Guidelines for Implementing the California Environmental quality Act (Pub. Resources Code § 21000 et seq.) / Approve and Adopt / City Attorney & Community Development Director 4.6 Final Principles for Water Management / Discuss and ratify committee's approval of "Final" Principles of Water Management / City Attorney — Special Counsel 4.7 Painting of City Hall / Ratify City Manager's decision to review this capital request in the context of the budget process / City Manager 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Warrant Register for Warrants, Prepaid Checks, and Payroll Checks Period Ending 02/19/04 / Approve / Finance Director 5.2 February 5, 2004 Regular Meeting Minutes / Approve / City Clerk City Council Agenda February 19, 2004 Facie 3of3 5.3 Ratification of City Manager's Approval and Execution of Kammeyer and Associates' Contract to conduct ongoing Landscape Plan Checks and Inspections / Approve / Community Development Director 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 6.1 Committee and/or Agency Agendas / Receive and File / City Clerk 7. CLOSED SESSION 7.1 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One (1) or more cases 8. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (909) 487-7330, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 9. Doody Z. e4aaiaaad city eeen4 oo tke eity San Paaiata, do kew4 cezeed y tkat 9 exv,f,d to de Acted fife Pxeyocer9 agenda floe 134 day o6 7edayamy, 2004 as 2egao ed 4 face. AGENDA ITEM 3 I February 19, 2004 TO: Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Annexation of Property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto — Annexation No. 14 (Mt. San Jacinto Junior College) RECOMMENDATION: 1. Adopt the following resolutions: a. Resolution Initiating Proceedings for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 14") b. Resolution Approving the Engineer's Report for the Annexation of Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 14"). c. Resolution Declaring Intention to Annex Property to Landscaping, Lighting and Park District No. 2 ("Annexation No. 14"). 2. Conduct Public Hearing and at the conclusion of the public hearing if the City Council determines that a majority protest does not exist, adopt Resolution Ordering Annexation of Territory to Landscaping, Lighting and Park District No. 2 and Levying Assessments. BACKGROUND: In connection with the street improvements along Eagle Drive and Country Village Drive, the City has required that the property adjacent to such improvements be annexed to Landscaping, Lighting and Park District No. 2 to finance the cost of maintaining and servicing street lighting along Eagle Drive and Country Village Drive, which will benefit the adjacent property owned by the Mount San Jacinto Junior College District. The property proposed to be annexed to the district will receive the special benefit of the improvements and will be assessed to pay the costs of maintenance of the street lighting and incidental expenses of the assessment district. ORANGE\JR18963.1 Staff is recommending that the City Council take all action that is necessary to annex the Mount San Jacinto College property during the City Council meeting on February 19, 2004. The first step is to adopt the Resolution Initiating Proceedings, which initiates the annexation process by ordering the Engineer of Record, GFB-Friedrich & Associates, Inc., to prepare the Engineer's Report, describing in detail the improvements to be financed by the assessment district, the estimated cost of such improvements and the special benefits that the property within the assessment district will receive. The next step in the annexation proceedings is to adopt a resolution approving the Engineer's Report and a resolution declaring the City Council's intention to annex the Mount San Jacinto College property to Landscape, Lighting and Park District No. 2. The resolution of intention also schedules the public hearing on the annexation and the levy of the assessments upon the property proposed to be annexed to the District for February 19, 2004. The purpose of the public hearing is to hear testimony from any interested persons and to consider objections or protests, if any, to the proposed assessments. As required by the Act, notices and assessment ballots have been mailed to the Mount San Jacinto Junior College District, the record owner of the property proposed to be annexed to the District with instructions to vote and return the ballot to the City before the conclusion of the public hearing on February 19, 2004. At the conclusion of the public hearing, the City Council should direct the City Clerk to tally the assessment ballots submitted and to determine whether a majority protest exists. A majority protest exists if assessment ballots submitted in opposition to the proposed assessments exceed assessment ballots submitted in favor of the proposed assessments. If a majority protest exists, the City may not annex the property to the District or levy the assessments. If a majority protest does not exist, the City Council may proceed with the recommended action described above. If annexed, the District will finance the cost of maintaining and servicing the street lights that will benefit the annexed property. BUDGETARY IMPACT: No cost is attributed to this action. ORANG EW R18963.1 AGENDA 3. - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 (ANNEXATION NO. 14) AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT WHEREAS, it has been determined by the City Council ("City Council") of the City of San Jacinto ("City") that the public interest, convenience and necessity require the installation, operation, maintenance and servicing of street lights and any improvements appurtenant thereto, as set forth in Section 22525 of the California Streets and Highways Code; and WHEREAS, the City Council has determined that, to finance such facilities and the maintenance and servicing thereof, certain property that will receive benefit from the maintenance and servicing of such facilities should be annexed to existing Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"); and WHEREAS, the proceedings for the annexation of such property to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and WHEREAS, the City Council has also determined that proceedings for the levy of assessments on such property to pay the costs of the maintenance and servicing of such facilities during fiscal year 2003-04 should also be conducted pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the California Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: SECTION 1. ORANGE\JR\8942.1 The City Council proposes to annex certain property to the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 25000) of Division 15 of the California Streets and Highways Code. SECTION 2. The Improvements shall include the following: (a) the installation or construction of public lighting, facilities; SECTION 3. (b) the installation or construction of any facilities which are appurtenant to any improvements listed in subsection (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. The property to be specifically charged for the maintenance and servicing of such improvements is generally located at the northeast corner of Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside, is identified by Riverside County Assessor's Parcel Number433-050-011, and shall be designated "Annexation No. 14 to Landscaping, Lighting and Park District No. 2". SECTION 4. The property described in Section 3, which is proposed to be included within the proposed boundaries of Annexation No. 14 to the District may be presently included in Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. Upon the completion of proceedings for the annexation of such property to the District it shall be detached from such other district. SECTION 5. ORANGE \JR\8942.i GFB-Friedrich and Associates, Inc., the District's engineer ("Engineer"), is ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code with respect to the annexation of the property described in Section 3 hereof to the District and the levy of assessments on such property to pay the costs of the maintenance and servicing of the improvements described in Section 2 hereof during fiscal year 2003-04. Upon completion, the Engineer shall file said report with the City Clerk of the City Council for submission to the City Council. ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGE \JR\8942.. CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 1 9tn day of February, 2004, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGE\JR\8942.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT FOR THE ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 14) WHEREAS, on February 19, 2004, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered GFB - Friedrich and Associates Inc., the Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1. SECTION 2. ORANGE1JR18958. I The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and servicing of street lights and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same existed at the time of passage of Resolution No. , are hereby preliminarily approved and confirmed. SECTION 3. SECTION 4. The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively, from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 14 to the District. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED, SIGNED AND APPROVED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGEUR\8958.1 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of February, 2004, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGEU R\895 8. I ENGINEER'S REPORT Annexation No. 14: CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Preliminary Date: February 19, 2004 Confirmed Date: February 19, 2004 INTRODUCTION Pursuant to the order of the City Council of the City of San Jacinto, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the Annexation No. 14 to the district known as LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 in the CITY OF SAN JACINTO (hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the installation, operation, maintenance and servicing of street lights and traffic signals; the installation, maintenance and servicing of landscaped areas (parkways, medians, open space, detention/retention basins, etc.); the installation, operation, maintenance and servicing of municipal parks; the installation, operation, maintenance and servicing of drainage facilities; and graffiti removal from horizontal and vertical surfaces which are appurtenant to the above items; all of which are located in public rights -of -way or easements in the District. Reference is hereby made to the: ENGINEER'S REPORT Formation of CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Fiscal Year 2003-2004, that was confirmed on April 4, 2002, and is hereinafter referred to as the "Master Engineer's Report," which is hereby incorporated herein as though set forth in full. BOUNDARIES OF DISTRICT The proposed boundary of Annexation No. 14 to the District is completely within the City Limits of the City of San Jacinto and is shown on the Boundary Map (attached hereto as Exhibit "A" and incorporated herein by reference and on file in the office of the City Clerk at the San Jacinto City Hall). Exhibit "A" serves as the Assessment Diagram for Zone 14 of the District and a copy of said Exhibit "A" may be found in the Appendix to this Report. The boundary includes the parcel of land that is located adjacent to the street lighting that will be funded by this assessment district. Said parcel of real property included within the District is described in detail on maps on file in the Riverside County Assessor's office or by an Assessor Parcel Number description. Zones The 1972 Act provides for areas within a district to be classified into different zones. Annexation No. 14 to Landscaping, Lighting and Park District No. 2 is comprised of a single zone. The costs of the installation, operation, maintenance and servicing of the street lighting improvements and facilities within this zone, will be separately determined, and incidental costs will be prorated and added to determine the total cost. This zone is comprised of one parcel of land on which Mount San Jacinto College is situated and is designated as Zone 14. Future annexations will be assigned Zone designations; e.g. Zone 15, Zone 16, Zone 16A, Zone 17, etc., as appropriate. IMPROVEMENTS The authorized facilities and items of servicing and maintenance are described in the "Master Engineer's Report." Said description is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Zone 14 Improvements The improvements included in Zone 14 to be installed, operated, serviced, and maintained are street lights. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Plans and Specifications The plans and specifications showing and describing the general nature, location and extent of the improvements to be operated and maintained within Annexation No. 14 are on file in the office of the City Clerk and are incorporated herein by reference. FINANCIAL ANALYSIS The estimated annual cost requirements for Zone 14, for the improvements described in the "Improvements" section of this report, are summarized in Exhibit "B", attached hereto and incorporated herein by reference, in the Appendix to this report. Estimated costs are shown for each improvement or facility, and for incidental costs to be funded by the District. LLPD No. 2 - Engineer's Report 2 Annexation No. 14 Notes: 1. Incidental Costs are prorated in proportion to the respective servicing and maintenance costs for each facility or improvement. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the total assessments among all assessable lots or parcels in proportion to the estimated special benefit to be received by each lot or parcel from the improvements. Said method is described in the "Master Engineer's Report" and is included within this report by reference. A copy of said "Master Engineer's Report" is on file in the Office of the City Clerk of the City of San Jacinto and may be reviewed, or a copy obtained, at City Hall during normal business hours. ASSESSMENT FORMULA The basic formula used to calculate the amount allocated to each lot or parcel within the District for each type of improvement or facility is described in the "Master Engineer's Report." Said formula, including but not limited to, the table entitled "ASSESSMENT FORMULA USING ASSESSMENT UNIT (AU) METHOD," and subsections entitled Special Benefit Analysis, Street Classification and corresponding General Benefit (%), and Assessment of Public Property is included within this report by reference. Such facilities include street lights. All of said facilities require maintenance for which the parcel designated by Assessor Parcel Number 433-050-011 will be assessed for funding through Landscaping, Lighting and Park District No. 2, Annexation No. 14 (the subject of this Report). LIMITATION ON INCREASE OF ANNUAL ASSESSMENT The City Council intends to increase assessments, on an annual basis when necessary, in accordance with the Consumer Price Index for all Urban Consumers for the Los Angeles - Anaheim -Riverside area, published by the United States Department of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not exceed seven and one-half percent (7.5 %). The current Southern California telephone number for the Consumer Price Index (CPI) Hotline is (310) 235-6884. ASSESSMENT SPREAD The individual Zone 14 assessments, tabulated by Assessor's Parcel Number or other form of identification, are shown on the Assessment Spread on file in the Office of the City Clerk of the City of San Jacinto and attached hereto as Exhibit "C." The total cost of the improvements described in the "Improvements" section of the report for Annexation No. 14 for fiscal year 2004-2005 is estimated to be $481.97 . The maximum annual assessment for the 2004-2005 fiscal year is $481.97 for the single parcel. LLPD No. 2 - Engineer's Report 3 Annexation No. 14 DRICH & ASSOC., INC. JOHN A. FRIEDRICH, P.E. ASSESSMENT ENGINEER Date: — LLPD No. 2 - Engineer's Report 4 Annexation No. 14 APPENDIX EXHIBITS Exhibit "A" - Boundary Map Exhibit "B" - Cost Estimate Exhibit "C" - Assessment Spread .fC 1 Of 12f— III III III II II II NII MOUNT SAN JACINTO COLLEGE aka .a- -.1 RAMONA EXPRESSY/A EXIT -A- BOUNDARY MAP LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 ANNEXATION NO. 14 for the CITY OF RAN JACINTO FIICAL YEAR 1004-1001 ZONE 14 \Jima Ntiqo Iwo- .r..E (M IfI /Y_ I{ VICINIlYMAP _fl MD a M OM V M DT Dalt III Da al V Da RDI6 DYM1 O FORA. ®( O Oa m 1/6 a M RID la M Omar CO�vbWTT RO &. RR A DURO.Or OM— nr� M AfaOOI/ MOM ran Dal Im v /1YR anw Ila [RR II at MODrallt NCO. .a al 41m R M Oda R airoal lOmt ORE M UO_a OEO- Pat Val IA al MmO WO RIO M MOM AR DOM al M/A>sll DOM— W IY a M Woo V M— tA00 Am —0 W@ Mr AOfi! falls! MAMI ROD faY01 CITY OF SAN JACINTO LIGHTING, LANDSCAPING AND PARK DISTRICT NO. 2 Annexation No. 11 (Zone 14) COST ESTIMATE Item Quantity Unit Unit Cost/ Month Siren Lights Park Maintenance Landscape Maintenance Storm Drain Maint. Graffiti Removal TOTALS CosUMo. Costar. Cost/Mo. Costar. Cost/Mo. Costar. CosUMo. Cost/Yr. Cost/Mo. Cost/Yr. Per Month Par Year Mount San Jacinto College (1 Parcel) Street Lights 538.48 (i1924)' 519.24 51.92 521.16 52.92 52.67 52.08 $4.17 $2.17 51.67 $3.33 $461.76 1f230.88 $230.88 523.09 $253.97 535.00 532.00 525.00 550.00 $26.00 520.00 540.00 '• " 50.00 S0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 •.: 7:7rr r- 50.00 50.00 S0.00 50.00 50.00 $0.00 50.00 50.00 $0.00 50.00 "• w1•. 50.00 50.00 S0.00 $0.00 $0.00 50.00 50.00 $0.00 50.00 50.00 50.00 $0.00 50.00 50.00 S0.00 50.00 50.00 $0.00 $0.00 50.00 $0.00 $0 00 50.00 50.00 50.00 50.00 S0.00 50.00 50.00 $0.00 - 50.00 50 00 50.00 50.00 50.00 50.00 50.00 $0.00 $0.00 50.00 $0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 $0.00 50.00 $0.00 $0.00 50.00 50.00 S0.00 $0.00 50.00 50.00 50.00 $38 48 519.24 51.92 521.16 52.92 52.67 52.08 54.17 52.17 51.67 53.33 $461.76 $230.88 523.09 5253.97 535.00 532.00 525.00 $50.00 526.00 $20.00 $40.00 9,500 lumen less Geridfal. ehe1H.'59,62/Lightx. ibilits Subtotal, Maintenance and Servicing Contingency (10%) TOTAL, Maintenance and Servicing Incidental Costs 4 1 .. Ea. .., TM 59.62 •..... r` Assessment Engineer Legal Counsel City Administration City Inspection Costs County Collection Fees Miscellaneous Reserve Fund 1 1 1 1 1 1 1 L.S. L.S. L.S. L.S. L.S. L.S. L.S. $35 / yr 532 1 yr 525 lyr $50 / yr 526 / yr 520 /yr 540 / yr TOTAL, Incidental Costs 5228 / yr $19.00 0.00 $228.00 0.00 50.00 0.o0 50.00 0.00 50.00 0.00 $0.00 0.00 50.00 0.00 50.00 0.00 $0.00 0.00 50.00 0.00 $19.00 0.00 5228.00 0.00 Contdhutions 10 the District TOTAL AMOUNT TO ASSESSMENT $40 16 5481.97 _ 50.00 50.00 50.00 50.00 $0.00 50.00 $0.00 50.00 540.16 5481.97 Assessment per Lot = 5481.97 R-1 Exhibit "B" CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 Annexation No. 14 (Zone 14) ASSESSMENT SPREAD Parcel Identification (APN) Property Owner Name Existing Land Use Code Assessable Acreage (acres) Asmt. Units (AU) Street Lights Park Maint. Landscape Maint. Storm Drain Maint. Graffiti Removal Dollars per AU ($) Assessment per Parcel ($) Mount San Jacinto (One Parcel) 433-050-011 College IMt. San Jacinto Jr. College District R1 nla 1.00 $481.97 $0.00 $0.00 $0.00 $0.00 $481.97 $481.93 TOTALS 1.00 $481.97 $0.00 $0.00 $0.00 $0.00 $481.93 Current Ownership: Mount San Jacinto Junior College District Address: 1499 North State Street, San Jacinto, CA 92583 February 3, 2004 C-1 Exhibit "C" 1,3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2, TO LEVY AND COLLECT ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2003-2004 AND PROVIDING NOTICE OF TIME AND PLACE OF A HEARING ON THE PROPOSED ANNEXATION AND THE PROPOSED ASSESSMENTS, DETERMINING DURATION OF SUCH ASSESSMENTS AND ANNUAL INCREASES IN AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON (ANNEXATION NO. 14) WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") has initiated proceedings for the annexation of certain property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code ("Act"), for the installation, operation, maintenance and servicing of street lights and any improvements appurtenant thereto as provided in Section 22525 of the California Streets and Highways Code; and WHEREAS, as ordered by the City Council, GFB - Friedrich and Associates, Inc. has filed with the City Clerk a report regarding the assessments which are proposed to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street lights and improvements appurtenant thereto, and that report has been presented to and considered by the City Council; and WHEREAS, upon the annexation of such property to the District, and to the extent such property is included within Landscaping, Lighting and Park District No. 1 and the assessments levied thereby finance the same Improvements provided by the District, it should be detached from Landscaping, Lighting and Park District No.1. WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on said report, the proposed annexation of such property to the District and the proposed assessments. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANGE., R\8962.1 SECTION 1. Findings. The City Council of the City of San Jacinto finds that: SECTION 2. (a) The foregoing recitals are true and correct; (b) The report of GFB - Friedrich and Associates, Inc. (the "Report") contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; (c) The assessments, which are proposed to be levied for fiscal year 2003-2004 on all parcels of assessable property that are proposed to be annexed to Landscaping, Lighting and Park District No. 2, are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance and servicing of street lights and appurtenant improvements; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance and servicing of street lights and appurtenant improvements; (e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Intention. The City Council declares that it intends to annex the property described in Section 4 to the District, to detach such property from Landscaping, Lighting and Park District No. 1, and to levy assessments on all lots and parcels of assessable property which are proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for fiscal year 2003-2004 in the amount set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. The Improvements which shall be provided for the property proposed to be annexed to the District by ORANG EU R\8962 I and through the assessments levied annually thereon shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. SECTION 4. Annexation to Assessment District. The distinctive designation of the annexation is "Annexation No. 14 to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto." The property which is proposed to be annexed to the District and which comprises Annexation No. 14 is all the property which is identified by Riverside County Assessor's Parcel Number 433-050-011. Upon the completion of the annexation proceedings, the property which comprises Annexation No. 14 will be designated as Zone 14 of the District ("Zone 14"). The boundaries of Annexation No. 14 or Zone 14 are further described and shown in the Report. The territory included within Zone 14 is generally located at the northeast corner at Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside. Upon completion of the annexation proceedings, such territory shall be detached from existing Landscaping, Lighting and Park District No. 1. SECTION 5. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Annexation No. 14 and the assessments which are proposed to be levied on the assessable lots and parcels of property within Zone 14 for fiscal year 2003-2004. SECTION 6. ORANGEIR18962. I Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Annexation No. 14 or Zone 14 of the District, as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles — Anaheim — Riverside Area; provided however that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than seven and one—half percent (7.5%), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessment ballots, which are to be mailed to the owners of assessable parcels of property in Annexation No. 14 or Zone 14, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amount of the assessments as specified above. SECTION 7. Hearinq. The time and place of the hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the proposed annexation of the property described in Section 4 hereof to the District, the proposed detachment from Landscaping, Lighting and Park District No.1, and the assessments which are proposed to be levied for fiscal year 2003-2004 is set for 7:00 p.m. on February 19, 2004, at the San Jacinto Unified School District Board Room, located at 2045 S. San Jacinto Avenue, San Jacinto, California. SECTION 8. ORANGE IR18962.1 Notice of Hearinq and Ballots. The City Clerk of the City Council shall mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing, as specified in Section 7 hereof, to the record owner of each assessable parcel of property identified in the Report. Such notice shall specify the total amount of the assessment chargeable to all the property within Annexation No. 14 or Zone 14 to Landscaping, Lighting and Park District No. 2, the amount chargeable to each owner's particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amount of the proposed assessments was calculated, together with the date, time and location of the public hearing on the proposed assessments as specified in Section 7 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots, which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessments not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. Each such notice mailed to owners of identified parcels within Annexation No. 14 or Zone 14 to Landscaping, Lighting and Park District No. 2 shall contain a ballot which includes the City's address for receipt of any ballot when completed by any owner receiving such notice whereby each such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessments. SECTION 9. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. APPROVED, ADOPTED AND SIGNED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP ORANGEUR\8962.1 CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of February, 2004, by the following vote: Ayes: Nayes: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORAN G ElI R\8962.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING THE ANNEXATION OF TERRITORY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 AND LEVYING ASSESSMENTS (ANNEXATION NO. 14) WHEREAS, on February 19, 2004, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 14" and "Zone 14," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. , the City Council approved the report "of GFB-Friedrich and Associates, Inc., the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2003-04 upon assessable lots and parcels of land within the territory which comprises Annexation No. 14 to and Zone 14 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. the City Council directed the City Clerk ("City Clerk") to cause notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon to be mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. , the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: ORANGEUR\8975.1 SECTION 1. Findings. The findings recited in the preceding paragraphs are true and correct. SECTION 2. Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 14 is described in the Report and includes all of the property which is identified as Riverside County Assessor's Parcel Number 433-050-011 and generally located at the northeast corner of Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside. SECTION 3. SECTION 4. ORANGEV R18975.1 Improvements. The improvements within and for the Assessment District and which shall be provided for Zone 14 of the Assessment District through the assessments levied annually on property therein shall include the following: (a) the installation or construction of public lighting, facilities, including, but not limited to, street lights; (b) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, electrical facilities; and (c) the maintenance and servicing of any of the foregoing. Annexation; Designation of Zone; Detachment. The territory comprising Annexation No. 14, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 14 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 14 of the Assessment District. The territory comprising Annexation No. 14 and Zone 14 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto to the extent included within Landscaping, Lighting and Park District No. 1. SECTION 5. SECTION 6. Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 14 of the Assessment District for fiscal year 2003-04 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 14 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. , and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 14 of the Assessment District shall be subject to an annual adjustment or increase in an amount equal to the percentage increase in the Consumer Price Index -All Urban Consumers for Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any parcel in any fiscal year shall not be increased by more than seven and one-half percent (7.5%) and the amount of the assessment to be levied on any parcel in any fiscal year shall not, in any event, exceed the actual total cost of the proportional special benefit conferred on that parcel. The assessments shall be levied annually on assessable lots and parcels of property in Zone 14 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 14. Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. SECTION 7. That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. APPROVED, ADOPTED, AND SIGNED this 19th day of February, 2004. City of San Jacinto By Jim Ayres, Mayor ORANGEUR18975. I ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: John E. Brown, City Attorney Best Best & Krieger LLP CERTIFICATION I, Dorothy I. Chouinard, City Clerk City of San Jacinto, do hereby certify that the foregoing resolution was passed, adopted and approved at a regular meeting of the City Council of the City of San Jacinto held on the 19th day of February, 2004, by the following vote: Ayes: Nays: Absent: Abstain: WITNESS MY HAND AND OFFICAL SEAL this day of , 2004 Dorothy L. Chouinard, City Clerk ORANGEUR18975. I AGENDA ITEM 4 1 February 19, 2004 TO: The Honorable City Council FROM: Tim Hults, Community Development Director SUBJECT: Police Activities League (PAL) Building — Location and Materials RECOMMENDATION: By motion, select a location and authorize Staff to solicit proposals for a traditional wood frame building for the new home of the San Jacinto PAL program. BACKGROUND: On December 4, 2003, the City Council reprogrammed $40,000 toward the relocation of the San Jacinto PAL program and the installation of a modular building to house the PAL activities. The reprogramming action, coupled with a similar action ($60,000) by the Riverside County Board of Supervisors, provides for a relocation and building acquisition budget of $100,000. On December 18, 2003, Council authorized Staff to explore locations for the PAL building and to explore construction materials other than a modular building. LOCATION Staff has analyzed potential locations for the proposed PAL facility and suggests that two locations be considered, Monte Vista Middle School and Sallee Park. The attached aerial map identifies the specific locations within each facility for the proposed building. On the Monte Vista campus, the proposed location is along First Street, southwest of and outside the fenced area of the track. At Sallee Park, the proposed location is south of the ball diamond and swimming pool in the open grass area of the park. Page 1 of 3 Both locations have their pros and cons. Below, will be a discussion of the pros and cons of each location. Monte Vista Campus The proposed location on the campus is where former Valley Wide Teen Center was housed. As such, all the necessary utilities to serve the site are in place and could be easily connected the proposed building. Additionally, the site is readily accessible and highly visible as it fronts on First Street and is adjacent to the parking lot for the church and skate park. However, the site has an old slab that would have to be removed, and is located away from the recreational facilities of the park. Additionally, there is some question as to whether the School Board would support the use of the campus for the PAL building, and if so, there would likely be significant restrictions placed upon use by the school district, such as limitations on the hours of operation (open when school is not is session) and limitations as to who would be allowed to enter school property to access the facility. Sallee Park As stated above, the proposed location at Sallee Park is the open grass area south of the ball diamond and pool. Within this area of the park, there is adequate room to accommodate the proposed building. Additionally, the existing recreational improvements would compliment the PAL operation and the range of activities offered by the PAL program. Furthermore, the City would dictate the hours of operations and any use limitations. The problems associated with Sallee Park include the modification and disruption of the newly renovated facility, the lack of utilities at the park to serve the building, the cost to extend the utilities and cost of site preparation to serve the building. Site preparation would include excavation work for the foundation, excavation of trenches for the water, sewer and electrical lines, and any flat work for walkways and steps. The site preparation is estimated $30,000. This cost could potentially be reduced if City crews conduct the site preparation and do not include such activities in the contact for the project. Additional positives with Sallee Park, are that the building would be a permanent addition to the park, would provide an element of additional security at the park, and park funds could contribute toward the construction of the building and site preparation should the project exceed the amount budgeted. MATERIALS Staff recommends that the City Council authorize the construction of 3,400 square -foot wood frame and stucco building on a slab. The wood frame and stucco building is substantially more aesthetically pleasing than either a modular building or metal building. Additionally, the wood frame and stucco building has a longer useful life than the other two methods and is generally more energy efficient. Page 2 of 3 Staff has contacted a number of builders to ascertain if a 3,400 square -foot wood frame and stucco building could be constructed within the PAL program's budgetary parameters. All the builders contacted indicated that such a building could be built within the PAL program's budget parameters. However, all indicated that the extent of interior partition walls, flooring, electrical fixtures and outlets, plumbing fixtures and outlets, mechanical heating and cooling equipment will dictate the overall cost of the building. As such, it was suggested that the PAL program solicit volunteer labor and/or donations of materials to help lower the cost to ensure the project stays within budgeted objectives. JUSTIFICATION: Either location is sufficient to accommodate the PAL program. Additionally, each location has both positives and negatives associated with it. The use of wood frame and stucco is more aesthetically pleasing than either a modular building or metal building. Additionally, the wood frame and stucco building has a longer useful life than the other two methods and is generally more energy efficient. BUDGETARY IMPACT: Both the City and County have allocated CDBG funds toward the project in the amount of $100,000. Park Development funds could be allocated provided Sallee Park is selected as the suitable location and the project costs exceed the budgeted amount. ATTACHMENTS: Aerial Photograph showing the proposed locations Page 3of3 Ir GG .1. SFffOND $T - -- SECON[15T SEC _41 , _ THIRD 1RQ 5 AGENDA ITEM 4• ), February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney and Community Development Director SUBJECT: Burn Policy RECOMMENDATION: Take the following action in the order listed: 1. Direct City staff as to Council's desire for modification, if any, to City's Burn Policy. BACKGROUND: The City's Development Code provides that if a building containing a non -conforming use is destroyed by certain catastophies such that 50% of the value of the structure needs replacing then it cannot be re -built, except in accordance with the current development code requirements. Recently, this policy has been questioned as the result of a property owner apparently being unable to sell property as the result of lenders apparently being unwilling to provide a loan secured by such property. As the attached table indicates, the limitations on reconstruction following catastrophic events generally can be characterized as some variation of the following: Ability to rebuild if damage is below a specified amount: Hemet (50%), San Jacinto (50%), Colton (50%), Indian Wells (75%), Temecula (50%) Ability to rebuild, subject to discretionary review: Moreno Valley (Administrative Site Plan); Murrieta (Minor CUP, if over 50% damaged); Ontario (Planning Commission hearing if over 50% damaged) Nearly unrestricted ability to rebuild: Riverside County (subject to amortization period), Long Beach (no increase in floor area) Page 1 of 8 S:\jsb\San Jacinto \Bum Policy Staff Report.doc City Manage L Finance Director: —7i/ MI JUSTIFICATION: The City staff needs direction as to the City Council's desire on this policy. BUDGETARY IMPACT: The approval of this resolution will likely have no budgetary impact. ATTACHMENTS: Description of other cities and Riverside County's non -conforming use provisions Page 2 of 8 S:\jsb\San Jacinto\Burn Policy Staff Report.doc City/County Code Section Ordinance Text Hemet 90-61(a) Whenever a structure which does not comply with the minimum development standards and site development requirements for the zone in which the structure is located, is damaged by fire, calamity, act of God or by the public enemy to the extent of 50 percent or less of the value of the structure as determined by the building official, based upon the latest International Conference of Building Officials Building Valuation Data Table, the structure may be restored. The restoration shall be started within 12 months from the date of damage and diligently pursued to completion. When the damage exceeds 50 percent or the structure is razed for any reason, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located. (Ord. No 1585, § 8-25-98) Riverside County 17.184.090(B) The provisions of this chapter [generally limiting increases to 25% of floor area, but imposing objective time limits on continuance of nonconformities] shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God; provided, however, any such rebuilding, reconstruction or repairing shall not extend the period of nonconforming time in which the use must be eliminated. (Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.8(h), (i)) Moreno Valley 9.02.180(G) 1. Whenever a legal nonconforming use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or less, the improvement may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use shall not be resumed. 2. If the use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or more, the use or improvement may not be restored except as provided for below in subparagraphs 5, 6, 7 and 8. 4. Any legal nonconforming improvement rebuilt after S:\jsb\San Jacinto\Burn Policy Staff Report.doc destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. 5. In any district, a legal nonconforming residential use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 6. In any district, a legal nonconforming place of worship or other quasi -public use or improvement destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 7. In any commercial district, a legal nonconforming commercial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 8. In any industrial district, a legal nonconforming industrial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 9. Any legal nonconforming use or improvement restored after damage and allowed within this section is subject to review under an administrative plot plan and shall adhere to the following findings: a. The proposal shall not be for the purpose of increasing the number of living units on the property. b. The proposal shall benefit the health, safety and welfare of the occupants on the site, and not be detrimental to any surrounding properties. c. The proposal shall be architecturally compatible with the existing building. d. The proposal shall not displace required on -site parking, landscaping or other conforming Municipal Code requirements. e. Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. Colton 18.46.040 Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an S:\jsb\San Jacinto\Burn Policy Staff Report.doc extent of more than fifty percent of its replacement cost at time of destruction, it shall not reconstructed except in conformity with the provisions of this title. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992) Indian Wells 21.90.030(e) A non -conforming building and/or structure which is damaged or partially destroyed by fire, explosion or man - induced or natural disaster to the extent of more than seventy-five percent (75%) of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this division. (Ord. 387 §1, 1996) Long Beach 21.27.090 Any building containing a nonconforming use or any nonconforming structure may be repaired and restored to its nonconforming state if the need for repairs or restoration shall be the result of fire, explosion, earthquake, imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or abatement of earthquake hazard in accordance with City regulations. Such restoration shall comply with the following conditions: A. Level Of Restoration. The damaged use or structure may be repaired or rebuilt to the area and footprint of the previous use or structure. Alternatively, the use or structure may be repaired or rebuilt to a more conforming area or footprint. B. Additional Floor Area Added. If during restoration and/or reconstruction additional floor area is added, the use or structure shall abandon its nonconforming status. C. Time Limit. The repairs must be commenced within one year of the event causing damage to the use or structure, and the repairs must be diligently pursued until completed. (Ord. C-7663 § 5, 1999). Murrieta 16.32.050(B) If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied only as follows: 1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of S:\jsb\San Jacinto\Burn Policy Staff Report.doc damage or destruction and is diligently pursued to completion; and 2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration. (Ord. 182 § 2 (part), 1997) Ontario 9-1.0710(b) A legal nonconforming structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than fifty percent (50%) of fair market value or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within six (6) months, unless extended by the Zoning Administrator, and diligently pursued. In the event that the cost of repairing such damage exceeds fifty percent (50%) of the value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density subject to the following conditions: (1) The Planning Commission, after holding a public hearing, finds that continuing the nonconforming use will not result in an annoyance to and/or reduction of, any surrounding property. A public hearing and Planning Commission findings, pursuant to division (b) of this section, shall not be required for a parcel of land that is designated for a residential land use on the General Plan and contains six (6) or fewer dwelling units; (2) The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official; and (3) The restoration is commenced within six (6) months and diligently pursued to completion. S:\isb\San Jacinto\Burn Policy Staff Report.doc (4) Nothing in this section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance. A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of ninety (90) or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code. Temecula 17.03.070(G) 1. Whenever a structure which does not comply with the development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the development standards for the zone in which the structure is located, or the use of which does not conform with the development standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent or more, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the development standards for the zone in which it is located and the nonconforming use shall not thereafter be resumed. 2. The extent of damage or partial destruction shall be based upon the ratio of fifty percent of the estimated replacement cost of restoring the structure to its condition prior to such damage or partial destruction, or to fifty percent of the estimated cost of duplicating the entire structure as it existed prior to said damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official, and shall be based on the minimum cost of construction in compliance with the city's building code as the same exists on the date the estimates are submitted. 3. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily S:\jsb\San Jacinto\Burn Policy Staff Report.doc residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. (Ord. 95- 16 § 2 (part)) S:\jsb\San Jacinto\Burn Policy Staff Report.doc AGENDA ITEM 4.3 February 19, 2004 To: The Honorable Mayor and Members of the City Council From: Robert Lavin, Public Works Superintendent Subject: Skyview Lane Landscape RECOMMENDATION: Provide direction to staff on the options herewith presented for consideration in order to provide landscape improvements for the small, narrow planter area located across from Skyview Tot -Lot. BACKGROUND: A narrow planter bed exists on Skyview Lane that is not landscaped and undeveloped in this neighborhood. The planter sits behind the block wall with no access for the homeowners to make improvements on their own. Minimal landscaping here will give a completed image to the adjacent Skyview Park. The following four options are: 1. Mulch only (0 cost), or; 2. Install shrubs (Texas Privet) with wood chips, water meter and sprinkler system ($4,250),or: 3. Stamped -concrete only ($6,000). The following would also need to be considered: 1. Landscape maintenance of parkway, once developed, would be $150- $200 a month 2. Remove or relocate up to two (2) utility boxes to deter vandalism. a. Electrical pedestal — $2,100 (City owned) b. Cable TV box — zero cost c. Relocate telephone box — has been replaced, cannot be lowered per Verizon JUSTIFICATION: Improve and beautify the area with minimal costs to the City and give a completed image to the adjacent Skyview Park. BUDGETARY IMPACT: Cost for landscape improvements is between $4,250 - $6,000; the only viable source of funding for this type of improvement is the unreserved, unrestricted general fund. However, City Manager does not recommend the use of general fund moneys for this type of public improvement. No funds are available in the LLPD No. 1, for this type of improvement. This district has historically had on- going deficits. It must also be considered that if improvements are made, an additional $150 - $200 will be incurred in maintenance cost in the LLPD No. 1 ATTACHMENTS: None AGENDA ITEM 4.4- February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney SUBJECT: Developer Deposit Policy RECOMMENDATION: Take the following action in the order listed: 1. Adopt Resolution of the City Council of the City of San Jacinto, California Authorizing the Establishment of a Deposit Program for Expedited Review of Development Projects BACKGROUND: At a recent Special City Council meeting, the City Council expressed a desire to see from City Staff an interim solution to the increased toll on City staff resources that have resulted from a high number of development applications within the City. The accompanying resolution and sample deposit agreement establishes such a deposit program whereby a project applicant may provide a monetary deposit (pursuant to an agreement) to the City. The deposit would be optional for developers who wish to participate and mandatory if, in the opinion of the City Manager, additional resources are needed in order to comply with state mandated time frames for processing development applications. The deposit would be used by the City to retain consultants that can assist in the expedited review of a development project. The resolution and agreement expressly recognize that the consultants would be those of the City and not the project applicant. Because the deposit would only be used to pay for actual costs incurred by the City, the deposit does not constitute a development impact fee for which an AB 1600 analysis needs to be performed. JUSTIFICATION: The adoption of this resolution is necessary in order to ensure that development projects are timely processed at no additional expense to the City of San Jacinto. Page 1 of 2 RVPUB\JSB\667oyo.1 BUDGETARY IMPACT: The approval of the policy will have a positive budgetary impact because it will ensure that development "pays its own way", rather than relying on general fund moneys. ATTACHMENTS: Resolution Resolution of the City Council of the City of San Jacinto, California Authorizing the Establishment of a Deposit Program for Expedited Review of Development Projects RVP UB\J SB1660194 RVPUB\JSB\667o7o.i STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A DEPOSIT PROGRAM FOR EXPEDITED REVIEW OF DEVELOPMENT PROJECTS WHEREAS, the City of San Jacinto ("City") is authorized by California Constitution, Article IX, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, a tremendous increase in the number of development approval applications has recently affected the ability of the City to process such applications within timeframes that the City Council deems appropriate; and WHEREAS, the City Council of the City of San Jacinto wishes to establish a development project deposit policy in order to alleviate the hardship on applicants and City staff caused by the recent increased development approval applications; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Deposit. Upon request by any applicant for a "development project", as that term is defined in Government Code section 65928, or in the event the City Manager or designee determines that any additional consultant(s) would be necessary in order to meet the time requirements set forth in the Permit Streamlining Act, such applicant shall provide to the City a deposit in cash, cashier's check or money order to be used by the City to retain the services of such planning, environmental, engineering, legal or other consulting services as may be deemed appropriate by the City Manager, or designee. The amount of the deposit shall be determined by the City Manager, or designee based upon factors including, but not limited to, the number and/or complexity of the approval(s) required Page 1 of 4 RV PUBU SB1667040.1 and the size and/or complexity of the project. The City Manager or designee is authorized to enter into deposit agreements with development project applicants in substantially the form set forth in Exhibit "A", attached hereto and incorporated by reference herein, including any amendments acceptable to the City Attorney. The Deposit shall be used solely for the purpose of paying the actual costs of retaining those consultant(s) requested or deemed necessary by the City Manager, or designee. The deposit may be required to be replenished if such deposit is reduced to a level that, in the sole discretion of the City Manager or designee, will be insufficient to provide the requested or necessary consultant payments. Upon the completion of the portion of the development project for which the applicable consultant(s) has been retained, any remaining funds shall be returned to the applicant. SECTION 3. Not a Development Impact Fee, Special Assessment or Tax. The City Council hereby finds and determines that the costs to be paid by development project applicants pursuant to this policy do not exceed the estimated reasonable cost of providing the service for which the fee is charged since the funds on deposit are used to pay the actual costs of retaining those consultant(s) requested or deemed necessary by the City Manager, or designee. The deposit authorized by this policy shall not be deemed a "development fee", as defined in Government Code sections 66000 or 66010, nor a "special assessment" or "tax", but instead constitutes a processing charge pursuant to Government Code section 66014. The deposit provided for in this policy shall be in addition to any other processing charges, as well as any development fees, taxes or assessments that may otherwise be imposed pursuant to applicable law. SECTION 4. Contractor of City of San Jacinto. Under no circumstances shall the consultant(s) retained pursuant to this policy be deemed an employee, contractor, consultant or agent of the applicant requesting the development approval. Instead, the City Manager, or designee shall have the authority to choose the consultant(s), in his or her sole discretion. Such consultant(s) shall be the independent contractor solely of the City of San Jacinto while retained pursuant to this policy. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 19th day of February, 2004, by the following vote Page 2 of 4 RVPUBUSB\667040.1 Ayes: Nays: Absent Abstain: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP City Attorney Page 3 of 4 RVPUBUSB\667040.1 EXHIBIT "A" DEPOSIT AGREEMENT [TO BE ATTACHED] Page 4 of 4 R V PUBU S B1667040.1 [MODEL] DEPOSIT AGREEMENT between THE CITY OF SAN JACINTO, a California municipal corporation and COMPANY a corporation [DISCUSSION DRAFT NO._ DATED , 200_1 -R V PU BU S B1667040.1 DEPOSIT AGREEMENT This Deposit Agreement ("Agreement") is made this day of , 200 , by and between the City of San Jacinto, a California municipal corporation (the "City"), and Company, a ( the "Applicant"). RECITALS This Agreement is made with respect to the following facts: A. The Applicant is the owner of that certain real property ("Property") located within the City of San Jacinto, County of Riverside, California. The Property is more particularly described in the legal description attached hereto as Exhibit "A". B. The Applicant is contemplating the development of the Property as a residential community to be known as . The Applicant has submitted an application for various discretionary land use approvals for the development of the Property including, without limitation, approval of [a specific plan, environmental documents pursuant to the California Environmental Quality Act ("CEQA") and the amendment of the City's General Plan and Zoning Code]. [The Applicant may also request the City to provide public financing to assist the Applicant in developing the infrastructure for the Property, including, but not limited to, the creation of Community Facilities Districts, Lighting and Landscape Districts or other financing mechanisms. Moreover, the Applicant intends to process and negotiate a development agreement with the City and process an annexation of that portion of the Property which is in the City's sphere of influence]. All of the above shall be referred to collectively as the "Project." C. To provide the City with the environmental, planning, fiscal and extraordinary legal advice and information necessary to the City's review process concerning the development of the Property, and the possible provision of public financing, it is necessary for the City to retain the services of an environmental consultant, a project land use planner, a fiscal consultant, and legal counsel (collectively, "Consultants"). For purposes of this Agreement, extraordinary legal service shall mean any and all legal service provided to the City which service is directly related to the Applicant's pursuit of the development of the Property and which service would not have been requested by the City, if the Applicant's Project was not being processed by the City. Extraordinary legal service shall not include any legal service provided to the City in connection with the preparation or updating of City regulations, ordinances, plans or guidelines which are necessary for the review of the Project and which are under State law required to be updated from time to time. D. As a condition to the City's completion of the review process, the Applicant has agreed to pay the City for the Consultants costs and expenses related to the City's review process in the manner and amounts set forth in this Agreement. The Applicant's payment to City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project. -RVPUBUSB1667040.1 -1.- AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows: 1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City to Retain Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed uses of the Property, and the City's possible assistant to the Applicant with public financing, the City shall retain, by means of contracts ("Consultant Contracts") subject to the City's approval in its reasonable and sole discretion, the services of the Consultants set forth in Section 4 of this Agreement to provide such environmental, fiscal, planning, public information and extraordinary legal advice as the City may deem necessary in its reasonable and sole discretion. The identity of the Consultants employed shall be as determined by the City in its reasonable and sole discretion. The scope of work of each respective Consultant is attached hereto as Exhibits "B" - "E". The City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate where such amendments are reasonably necessary and related to the City's proper review and consideration of the Applicant's Project. The Applicant agrees that, notwithstanding the Applicant's payment obligations under this Agreement, the Consultants selected by the City shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and the Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants pursuant to the Consultant Contracts. City shall include in each of the Consultant Contracts a termination provision authorizing the City to immediately terminate the contracts without cause by sending written notice of termination to the contractor. 3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants. The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act. 4. City's Preliminary Selection of Consultants. The City has preliminarily decided to retain the following as Consultants pursuant to this Agreement: -R V PUBUSB\667040. I (I) Enviromnental Consultant - (ii) Planning Project Manager - [Individual to be hired by City]. (iii) Fiscal Consultant - (iv) Legal Counsel - Best Best & Krieger LLP. The Applicant agrees that the City may select other Consultants to replace the Consultants preliminarily identified above and may do so without consulting with the Applicant or obtaining the Applicant's approval. 5. Applicant's Payment of Consultant Costs and Expenditures. The Applicant shall deposit with the City the amount of Dollars ($ .00) (the "Deposit") [i.e., the same or more as the Consultant Costs, below]. The City by its execution hereof, acknowledges receipt of and accepts the Deposit. The Deposit is to be used to pay the actual costs and expenditures incurred by the City relative to the Consultants Contracts ("Consultants Costs"). The City has preliminarily reviewed the scope of work required of each Consultant and has estimated the aggregate Consultants Costs to be no less than Dollars ($ ) ("Estimated Consultants Costs"). [Prior to the Effective Date of this Agreement, the Applicant paid the City for portions of certain costs associated with certain Consultant work which the City incurred prior to the Effective Date of this Agreement which costs and work are more particularly described in Exhibit "F" ("Prior Payments"). The Applicant shall receive a credit against the Consultant Costs in an amount equal to the Prior Payments made to the City]. The City may draw upon the Deposit from time to time to pay the Consultant Costs. The City shall provide Applicant with a written summary of expenditures made from the Deposit, and the unexpended balance thereof, within ten (10) business days of receipt by the City of a written request therefor submitted by the Applicant, provided that the City shall not be required to provide a summary of expenditures more frequently than one time each quarter. The City shall, within ten (10) business days after the completion of that portion of the Project for with the Consultant has been retained, return the then unexpended and unencumbered portion of the Deposit to the Applicant, without interest. Such payment may also be made by the City to a designated payee upon the City's receipt of such direction in writing from Applicant. If the Deposit is reduced to a level that is [ ] percentage ([ ]%) of the Deposit amount, and further services are required of the Contractors for the Project, the City Manager may, in his or her sole and absolute discretion, require the Applicant to supplement the Deposit to an amount not exceeding the original Deposit amount. 6. Consultation with Applicant. The City may incur aggregate Consultants Costs up to the Estimated Consultants Costs without consulting the Applicant. The City shall use reasonable good faith efforts to consult with the Applicant prior to amending the scope of services to be provided by Contractors and incurring Consultants Costs which exceed the Estimated Consultants Costs ("Excess Costs"). The Applicant's obligation to pay the City for Consultants Costs shall be contingent upon the City's providing the Applicant with written notice of the amendment of the scope of work to be performed by a Contractor prior to the completion of work. The decision to incur Excess Costs and the amount of Excess Costs to incur shall lie within the reasonable and sole discretion of the City. -RVPUBUSB1667040.1 -3- For purposes of Section 5, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 9 of this Agreement, subject to the Applicant's obligation to pay the City for all Consultants Costs incurred by the City prior to the date of termination, whether or not yet paid by the City. 7. City to Retain Absolute Discretion. The Applicant acknowledges and agrees that notwithstanding the Applicant's payment obligations under this Agreement, the City is not obligated to approve any or all of the proposed uses for the Property, to approve any environmental documents or general plan or municipal code amendments which may be required for any of the uses contemplated for the Property, or to approve any development agreement pertaining to the Property. The Applicant warrants and represents that no City official, officer, employee, agent or attorney has represented, expressly or impliedly, that the City will approve any proposed use of the Property. The Applicant understands that there will be numerous legislative and adjudicatory decisions made by the City with regard to the development of the Property. All such decisions of the City with regard to the Property and the contemplated uses of the Property shall be made only after full compliance with all the City's statutory and other legal obligations and after considering all appropriate information and evidence, including such evidence which may cause the City to disapprove any or all of the contemplated uses of the Property. Notwithstanding anything in this Agreement to the contrary, the City retains all authority and discretion granted to it by law to either approve, disapprove or modify any of the proposed uses of the Property. The Applicant agrees that the City may approve, or approve with modifications, any or all components of the Applicant's proposed Project. The Applicant agrees that the City shall not be bound by any recommendations or conclusions reached by the Consultants and that the City may accept or reject, in whole or in part, any such recommendations or conclusions which the City in its reasonable and sole discretion deems to be unreasonable or contrary to the City's land use ordinances and regulations or State statutes or regulations. 8. Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the parties and shall terminate when all work required by each Consultant Contract has been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement including, without limitation, the obligation to pay the City for Estimated Consultants Costs and Excess Costs, whether or not paid by the City prior to the date of termination. The Applicant's obligation to pay the City as provided in this Agreement shall survive the termination of this Agreement pursuant to this Section 8. 9. Early Termination. The City may terminate this Agreement prior to the term set forth in Section 8 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this Agreement prior to the end of the teen set forth in Section 8 above upon thirty (30) days' prior written notice to the City; provided, however, that the Applicant has satisfied all of its obligations under this Agreement to date of termination regarding payment to the City of both -RVPUBUSB1667040.1 -4- Estimated Consultants Costs and Excess Costs and, furthermore, that the Applicant has given City written notice withdrawing its application for the Project. Within two (2) City working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify the Consultants and instruct them to cease work under the Consultant Contracts. The Consultants shall be instructed to bill the City for any work completed prior to the date of termination of the Consultant Contract. Upon payment of all Consultant Costs, any remaining portion of the Deposit shall be returned to the Applicant. 10. Remedies Upon Default. An event of default shall be deemed to exist upon the occurrence of all three of the following: (i) Either the City or the Applicant has, without legal justification or excuse, breached any one or more of its obligations under this Agreement; and (ii) The nondefaulting party has sent written notice to the party claimed to be in default, specifying the default and what actions the nondefaulting party asserts should be taken to remedy the default; and (iii) The party claimed to be in default has not, within ten (10) days following receipt of the written notice described above, either corrected the default or taken actions, reasonably satisfactory to the nondefaulting party, to remedy the default within a reasonable period of time, but in no event longer than thirty (30) days after receipt of the written notice described above. Following an event of default, the nondefaulting party may exercise any and all remedies available to it pursuant to this Agreement, or at law or in equity, including, without limitation, instituting an action for damages, injunctive relief, or specific performance. 11. Nonwaiver of Rights or Remedies. The failure of a party to exercise any one or more of its rights or remedies under this Agreement shall not constitute a waiver of that party's right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right or remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement. 12. Assignability. This Agreement may not be assigned by either party with the prior and express written consent of the other party, which consent shall not be unreasonably withheld. In determining whether to approve a request by Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 13. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be -R V PUBUS B1667040.1 -5- modified, but only by a writing signed by both the City and the Applicant. All modifications to this Agreement must be approved by the City Council of the City of San Jacinto. 14. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 15. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City's approval of development of the Property, the environmental process, or the proposed uses of the Property. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and costs, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and costs incurred by the City as a result of such third party action or proceeding; provided, however, Applicant may, at any time, notify City in writing of its decision to terminate such payment obligation and, thereafter, in the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and costs. 16. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal. 17. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of San Jacinto, Riverside County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of Riverside, California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding. 18. Time is of the Essence. Except as otherwise expressly stated, time is of the essence in the performance of every act required pursuant to this Agreement. 19. Covenant of Further Assurances. The City and the Applicant shall take all other actions and execute all other documents which are reasonably necessary to effectuate this Agreement. 20. Interpretation. The City and the Applicant agree that this Agreement is the product of mutual negotiations and is an arms -length transaction. Each party has negotiated this Agreement with the advice and assistance of legal counsel of its own choosing. -RVPUBU56\667040.1 -6- It is further agreed that this Agreement is a product of mutual drafting efforts by both the City and the Applicant and, accordingly, the rule that ambiguities in a document shall be construed against the drafter of the document shall have no application to this Agreement. In construing and interpreting this Agreement, the finder of fact shall give effect to the mutual intention of the City and the Applicant, notwithstanding such ambiguity, and may refer to the facts and circumstances under which this Agreement is made and such other extraneous evidence as may assist the finder of fact in ascertaining the intent of the City and the Applicant. 21. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 22. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section. 23. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 24. Notices. Notices required under this Agreement shall be sent to the following: If to the City: City of San Jacinto 213 E. Main Street San Jacinto, CA 92583 Attention: City Manager Facsimile No. (909) 654-3728 If to the Applicant: Company Attention: Facsimile No. Notices given pursuant to this Agreement shall be deemed received as follows: (i) If sent by United States Mail - five (5) calendar days after deposit into the United States Mail, first class postage prepaid. (ii) If by facsimile - upon transmission and actual receipt by the receiving party. -RVPUBUSB\667040.1 -7- (iii) If by express courier service or hand delivery - on the date of receipt by the receiving party. The addresses for notices set forth in this Section 24 may be changed upon written notice of such change to either the City or the Applicant, as appropriate. 25. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall mean calendar, not business, days. Dated: ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney Dated: APPROVED AS TO FORM: Legal Counsel for Company -R V PU BU SB\667040.1 CITY OF SAN JACINTO a California municipal corporation (the "City") By: -8- Mayor COMPANY, a corporation By: Authorized Agent -RVPUBUSB1667040.1 Exhibit "A" Legal Description of the Property -9- -RVPUBUSB\667040.1 Exhibit "B" -10- -RVPUB1JSB1667040.1 Exhibit "C" - ]- -R V PUBUS B1667040.1 Exhibit "D" -12- -R V PUBUSB1667040. I Exhibit "E" -13- AGENDA ITEM 4.5 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: City Attorney and Community Development Director SUBJECT: Local CEQA Guidelines Amendment RECOMMENDATION: Take the following action in the order listed: 1. Adopt Resolution of the City Council of the City of San Jacinto, California Amending the City's Local Guidelines for Implementing the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) BACKGROUND: The City's Development Code provides that conditional use permits are to be adopted by the Planning Commission, subject to "ratification" by the City Council. Generally, planning decisions are either decided by the Planning Commission (subject to appeal to the City Council) (i.e., tentative maps, variances), or are recommendations by the Planning Commission to the City Council (i.e. General Plan or zoning amendments). CEQA requires the review and approval of an environmental review document prior to the final approval of a project. The "ratification" language of the Development Code could be interpretted in two equally plausible manners: (1) that a project subject to a CUP is approved by the Planning Commission (subject to a sort of "appeal" by the City Council at the time of ratification), or (2) that a project subject to a CUP is being recommended by the Planning Commission for or against approval, with the ultimate decision by the City Council. Although each interpretation would be a reasonable one, by authorizing the Planning Commission to review the environmental review document concurrently with the underlying project, it is more likely that a well-informed decision can be reached. This is because the same hearing body is reviewing all of the information together. An alternative interpretation would involve the City Council reviewing and approving the environmental review document, and then having the Planning Commission review the underlying project. This separation of functions could be inefficient since it involves three steps (approval of CEQA document by the City Council, review of the CUP by the Planning Commission, ratification of CUP by City Council). Page 1 of 2 S:\jsb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc Another alternative would be for the Planning Commission to recommend to the City Council both the underlying project and its environemental review document. However, this could result in new issues being raised before the City Council that were not raised before the Planning Commission. This could reduce the ability of the City and the project proponent to respond with project changes that improve the quality of the project. It should also be noted that the proposed resolution retains the ability of persons to appeal decisions of the Planning Commission (including the decision concerning the environmental review document) to the City Council, as well as the authority of the City Council to act on the CUP pursuant to the ratification authority contained within the City's Development Code. Based on these reasons, City staff recommends that the City Council adopt the accompanying resolution, clarifying that the Planning Commission has the authority to approve environmental review documents, subject to appeal to the City Council. JUSTIFICATION: The adoption of this resolution is necessary in order to clarify the role of the Planning Commission in the review of environmental review documents and ensure the proper review of such documents in connection with their underlying projects. BUDGETARY IMPACT: The approval of this resolution will likely have no budgetary impact. ATTACHMENTS: Resolution Resolution of the City Council of the City of San Jacinto, California Amending the City's Local Guidelines for Implementing the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) Page 2 of 2 S:\isb\San Jacinto\Reso Delegating CEQA Authority Staff Report.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CITY'S LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE § 21000 ET SEQ.) WHEREAS, on or about May 15, 2003, the City of San Jacinto ("City") City Council approved Resolution No. 2431 adopting the "Local Guidelines for Implementing the California Environmental Quality Act ["CEQA"] (2003 Revision)" (hereafter "Local CEQA Guidelines"); and WHEREAS, the City's Planning Commission has been authorized to hear, consider and adopt conditional use permits, subject to ratification by the City Council; and WHEREAS, the City Council desires to revise its Local CEQA Guidelines regarding authority to approve certain environmental review documents, pursuant to the provisions in the State CEQA Guidelines; and WHEREAS, it is the intent of this Resolution provide that the Planning Commission possesses the authority to approve certain environmental review documents under CEQA, including, without limitation, the authority to adopt negative declarations and mitigated negative declarations, to certify environmental impact reports and to make required findings in connection therewith, all subject to appeal of such decisions to the City Council; and WHEREAS, by authorizing the Planning Commission to review and approve environmental review documents under CEQA, the same hearing body that reviews the underlying project will be able to review the environmental review document associated with that project; and WHEREAS, by authorizing the Planning Commission to review and approve environmental review documents under CEQA, members of the public will be better able to present issues of concern to the body hearing the underlying project and have those issues addressed by the City and project proponents, since such issues of concern will be addressed at an earlier stage of the development process; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. -1- RVPUBUSB1667109.1 NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Approval. In accordance with the definition of "Approval" contained in State CEQA Guidelines Section 15352, the City Council amends Section 10.02 of its Local CEQA Guidelines to read as follows: "10.02'Approval' means a decision by the decision making body or other authorized body or officer of the City that commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision making body makes its determination to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit (including, without limitation, the approval by the Planning Commission of any conditional use permit), license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project. When a non -elected authorized body or officer of the City, as the decision making body, makes a decision to approve a project, that decision may be appealed to the City's elected decision -making body (i.e., City Council) by any interested person. For purposes of these Guidelines, the setting of a hearing by the City Council pursuant to Section 17.05 of the San Jacinto Development Code (relating to ratification of conditional use permits) shall constitute an appeal of the underlying CEQA environmental review document." SECTION 3. Decision -Making Body. In accordance with the definition of "Decision -Making Body" contained in State CEQA Guidelines Section 15356, the City Council amends Section 10.09 of its Local CEQA Guidelines to read as follows: "10.11'Decision-Making Body' means the officer (i.e., City Manager or his or her designee) or body within the City (i.e., City Council or Planning Commission) with final approval authority over the particular project. (See Guidelines Section 10.02.) For purposes of -2- RVPUBUSB1667109.1 vote these Guidelines, the Planning Commission shall be deemed to be the Decision -Making Body for purposes of approving conditional use permits." SECTION 4. Appeal/ Ratification. Nothing contained in this Resolution shall be deemed to limit the ability of a person to appeal a decision of the Planning Commission pursuant to any other provision of the San Jacinto Municipal Code, or as otherwise provide by law. Furthermore, nothing contained in this Resolution shall be deemed to limit the ability of the City Council to act pursuant to its authority to ratify a conditional use permit or set such a matter for public hearing pursuant to the San Jacinto Development Code. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 19th day of February, 2004, by the following Ayes: Nays: Absent: Abstain: City of San Jacinto by Jim Ayres, Mayor ATTEST: Dorothy L. Chouinard, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP City Attorney RVPUBUSB\667109.1 AGENDA ITEM 4.6 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Robert W. Hargreaves, Special Counsel for Water Matters SUBJECT: Approval of "Final" Principles for Water Management RECOMMENDATION: Discuss and ratify committee's approval of "Final" Principles for Water Management. BACKGROUND: At the meeting of July 15, 2003, the City Council approved the "Interim Principles for Water Management". The Interim Principles is a non -binding statement of general principles that will serve as the basis for a more comprehensive water management plan and a settlement agreement and stipulated judgment with respect to Saboba tribal claims. In the Interim Principles, the rights of the agricultural pumpers were not clearly defined. Over the last six months, the Groundwater Management Policy Committee has worked with agricultural groups to develop an interim principle (No. 7), that is acceptable both to the agricultural pumpers and the Policy Committee. Additionally, several non - substantive changes have been made to the Interim Principles. With respect to the agricultural pumpers, the "Final" Principles provide for three different levels of voluntary participation: 1) "Non -Participants": These pumpers shall continue to exercise whatever water rights they may hold under California law unaffected by the Management Plan; 2) "Class A Participation": These participants acknowledge the existence of the plan, allow their wells to be monitored, and can vote for and/or be elected to serve as a private pumper representative on the Management Plan's Governing Board. Class A Participants have the right to convert to Class B Participation (below) within three years after the effective date of the Management Plan; Page I of 2 3) "Class B Participation": These participants must limit their average annual pumping to the pumper's average annual production during the calendar years 1995 through 1999, allow his or her wells to be monitored, and are eligible for and/or be elected to the Management Plan's Governing Board. Upon conversion of Class B Participant's land from agricultural use to a development use, the public agency serving the development will credit the pumper's adjusted production right towards any water supply assessment requirements, or capital impact fees. Also, a Class B Participant is eligible to enter into a conservation contract with the Management Plan, through which the Class B Participant agrees to measures that will conserve water, which the Management Plan will then purchase. The "Final" Interim Principles for Water Management have been approved unanimously by the Policy Committee. The Policy Committee has asked that the governing board of each public agency approve the "Final" Principles. The "Final" Principles remain non- binding, but will serve as the basis for drafting a more comprehensive water management plan, which will need to be approved by the public agencies. . JUSTIFICATION: The Hemet/San Jacinto Groundwater Basin is in serious need of a comprehensive management plan to address the current significant overdraft, future growth, and Saboba tribal claims. If the public agencies that use the basin are unable to mutually agree to a satisfactory plan, all will likely be embroiled in lengthy and costly litigation regarding water rights. The "Final" Principles for Water Management offers a fair basis for implementing a comprehensive water management plan. BUDGETARY IMPACT: Approval of the "Final" Principles will not have an immediate budgetary impact. Once the management plan is drafted and approved, base water assessments will initially cost approximately $100,000 per year. As San Jacinto's water usage grows, base production and recharge assessments will increase in amounts that are difficult to predict at this time. Prior to implementation of the water plan, San Jacinto will be asked to contribute approximately $12,000 per year as its share of a well monitoring program. That program has already been approved by a separate council action. ATTACHMENTS: The Final Principles for Water Management. Page 2 of 2 PRINCIPLES FOR WATER MANAGEMENT 1. Water Management Plan. These Principles, approved by the appropriate authority of each party, are intended to form the basis from which the parties will develop a Water Management Plan ("Management Plan") for the area described in Section 2. The Management Plan is being developed to ensure an adequate and reliable source of future water supply. The Management Plan is also intended to facilitate and accommodate a settlement of the claims of the Soboba Band of Luiseno Indians ("Soboba Tribe"). 2. Management Area. The area included in the Management Plan consists of the Canyon Sub -basin and the San Jacinto Upper Pressure Sub - basin, downstream to Bridge Street, and the Hemet Basins ("Management Area"). The Management Area is shown upon the attached map. 3. Pumpers within the Management Area. The primary pumpers within the Management Area are: Eastern Municipal Water District ("Eastern"), Lake Hemet Municipal Water District ("Lake Hemet"), City of San Jacinto ("San Jacinto"), and City of Hemet ("Hemet") (individually RVLIT`:GT'654952.1 -1- "Public Agency," collectively "Public Agencies"); the Soboba Tribe (not a Management Plan participant); and approximately 62 individual agricultural and other private pumpers who pump more than 25 acre-feet per year ("Private Pumpers"). 4. Goals. The parties agree that the Management Plan shall incorporate and serve to implement the following goals: A. Allowing for Future Urban Growth. The parties acknowledge that the Management Area will continue to experience residential, commercial, and industrial growth and development, and that existing water production and service systems will need to be expanded to meet this growth. It is estimated that at least 15,000 afy incremental water supply capacity over the existing base production rights of the Public Agencies must be dedicated to adequately serve this growth. The Management Plan should serve and provide a clear planning process so that each affected Public Agency will be able to meet these projected growth needs. RVLIT\GT`654952.1 B. Water Quality Protection. Implementation of the Management Plan should protect and/or enhance Management Area water quality. However, implementation of certain elements of the Management Plan may cause limited localized water quality degradation. If such degradation impedes the then current beneficial use of any Public Agency in the Management Area, the Watermaster described in Section 22 ("Watennaster") shall implement appropriate mitigation measures to ensure water supply to the affected Public Agency and bear the associated costs. The standards for local water quality degradation shall be defined in the Management Plan. C. Cost -Effective Management. The Management Plan should serve to support the pursuit of cost-effective water supply and water treatment by the Public Agencies, both individually and collectively. D. Overdraft. The groundwater levels within the Management Area have generally been declining for a number of years, and the Management Area is presently in a condition of overdraft. It is recognized that the Management Plan will, within a reasonable period, eliminate groundwater overdraft and enhance operational yield by RVLIT\GT'654952.1 implementing a combination of available water resources management elements. These elements include: reduction in native groundwater production; enhanced recharge with native, imported and/or recycled water; development of supplemental supplies such as imported and recycled water; and water conservation programs. E. Monitoring. The Watermaster shall implement a monitoring program to ensure the Management Plan activities follow best management and engineering principles to protect Management Area water resources. Public Agencies Base Production Rights. A. The base production rights of Eastern, Lake Hemet and Hemet in the first year of the Management Plan shall be based upon their average production for calendar years 1995-1999. This period was chosen to reflect these Public Agencies' recent pumping, and shall determine their base production rights. RVLITIGT`654952.1 -4- B. The base production right of San Jacinto in the first year of the Management Plan, shall be based upon its average production for calendar years 1995-1999, plus 500 afy. The 500 afy is added because San Jacinto's recent production does not reflect its historic production because of water purchases and other factors. C. Pursuant to Section 21 below, for the life of the Management Plan, Hemet and San Jacinto shall each add an additional 900 afy to their base production rights. The additional 900 afy shall not be subject to reduction by the Watermaster as provided in Section 5.D and shall not be subject to any Administrative or Replenishment Assessments as provided in Section 6, or other fee or charge imposed under the Management Plan. D. It is the goal of the Management Plan to adjust base production rights over time to a level consistent with the Watenmaster=s calculation of the Public Agencies' share of safe yield for the Management Area. Based on current information, it appears that the total reduction in base production rights will need to be approximately 35%. The ultimate reduction will be based on periodic demand, hydrology, recharge and RVLIT'.GT`654952. I -5- availability of imported water. In order to implement this reduction in a phased manner, each Public Agency's base production rights shall be subject to adjustment as follows: (1) A 10% reduction from the base production rights in the first year of the Management Plan; and (2) Until base production rights are consistent with the Public Agencies' share of safe yield, Watermaster shall determine the reductions in base production rights in each subsequent year of the Management Plan, to achieve this goal within 6 years of approval of the Management Plan. Each reduction shall not be more than 10% of the base production right of the prior year. (3) Pursuant to Section 7(A)(2)(b), upon conversion of a Class B Participant's land from agricultural to a use that requires water service from a Public Agency, the Public Agency shall receive an increase in its base production rights equal to the adjusted base production right of the Class B Participant. RVLITIGT'654952.1 -6- 6. Public Agency Production Assessments. The Public Agency production will be subject to the following assessments: A. An Administrative Assessment on each acre-foot pumped by a Public Agency up to its adjusted base production right. The parties contemplate that the Administrative Assessment will be $50.00 per acre-foot of water pumped in the first year of the Management Plan, and that such amount will thereafter be set by the Watermaster. B. A Replenishment Assessment on each acre-foot pumped by a Public Agency in excess of its adjusted base production right equal to the cost of providing a like quantity of supplemental water to recharge the Management Area, including recharge losses. Pumping by a Public Agency in excess of its adjusted base production right in order to meet increasing demands is expected and permissible, provided that such excess extractions shall be subject to the Replenishment Assessment. The costs of providing a like quantity of supplemental water shall include the costs of water, O&M costs of the replenishment system, capital recovery and other administrative costs. Currently, the total of these cost items is estimated to be in the range RVLIT',GT`654952. I -7- of $300 to $400 per acre-feet; the actual amount will reflect the costs at the time incurred. 7. Private Pumpers Water Rights. The Public Agencies recognize the overlying water rights of the Private Pumpers, and do not intend to take or adversely impact these rights without an agreement with the owner of such rights. The Management Plan will lay out alternatives for the retention, protection, or transfer of such rights, leaving selection of the alternative to the individual overlying water rights owner. A Private Pumper can elect not to participate in the Management Plan and not to formally acknowledge its existence. Such Pumpers shall be referred to herein as "Non -Participants"; such Pumpers shall continue to exercise whatever water rights they may hold under California law unaffected by the Management Plan. There is no intent to affect water use that is consistent with the historical use of the Private Pumpers. However, other pumpers under the Management Plan do not waive their rights to challenge new or expanded water rights. Non - Participants will not have the option of joining the program at a later date. The alternatives available to participants are as follows: RVLIT'.GT\654952. I A. (1) Class A Participation. A Private Pumper can elect to sign a written agreement acknowledging the existence of the Management Plan. Such Pumper shall be a Class A Participant and shall be entitled to vote for and/or be elected to serve as the Private Pumper representative on the Management Plan's governing board or body described in Paragraph 22 below, but shall not otherwise be required to participate in the Management Plan implementation. A Class A Participant may, without any financial assessment by the Watennaster, pump from his/her/its property within the Management Area the amount of water that can be put to reasonable and beneficial use on the Pumper's land as may be authorized under California law. Class A Participants shall have the right to convert to Class B Participation during a grace period that shall end three (3) years after the effective date of the Management Plan, as approved by a judgment of the Superior Court for Riverside County, upon payment of the total assessments the Purnper would have paid had the Pumper elected to be a member of Class B from the outset, plus interest. (2) Class B Participation. A Private Pumper can become a Class B Participant by electing to limit annual pumping to the Pumper's average annual production during the calendar years 1995 through RVLIT\GT`654952.1 -9- 1999 and to pay replenishment assessments on amounts in excess of that average annual production. A Class B Participant shall enjoy the following benefits of Plan Participation: a. Vote for and/or be elected to serve as the Private Pumper's representative on the Management Plan's Governing Board; b. Upon conversion of Pumper's land from agricultural use to a use that requires water service from a participating Public Agency, Public Agency shall credit to the extent legally permissible, Pumper or Pumper's successor-in-interest's adjusted production right, using the formula in Section 5 towards satisfaction of any requirement then in effect for water supply assessment requirements. Furthermore, Pumper or Pumper's successor -in -interest shall be given a credit for Pumper's adjusted production right using the formula in Section 5 towards any fees associated with water supply that the Public Agency may then have in effect. The Public Agency serving the converted land shall receive a credit to its production right as set forth in Section 5. RVLIT,GT`654452.1 -10- c. To the extent the Pumper's land is not covered under Section 7(A)(2)(b), Pumper will be eligible to enter into a contract with the Management Plan, or a participating Public Agency, to sell for a defined period of time some portion of Pumper's adjusted production right, under terms and conditions mutually agreed upon by the Pumper and the Management Plan. Criteria used in consideration of such contract shall include: (i) Management Plan's need to acquire additional water supplies to address Basin overdraft and recovery; (ii) Submission of a water conservation plan, including use of in lieu water, by Pumper that will reasonably guarantee conservation of water that would otherwise be produced from the Basin; (iii) Public policy considerations of local government jurisdictions, including economic and land use impacts of proposed water conservation plan. RVLIT1GT'654952. I -11- B. In -Lieu Water Use. In the event a Private Pumper (or successor) receives recycled and/or imported water from a Public Agency to serve an overlying use in place of groundwater, or otherwise engages in an in -lieu program, the overlying water right of the Private Pumper (or successor) shall not be diminished by the receipt and use of such recycled and/or imported water or by engaging in an in -lieu program. C. Well Monitoring. To become a Class A or B Participant, a Private Pumper shall authorize the metering of the Pumper's well(s) and the collection of groundwater level and quality data, and the reading thereof by Management Plan personnel. The metering and readng shall be at no cost to the Pumper, and the Pumper shall receive copies of the reports and information obtained upon request. D. Future Production Participation. Any new Pumper after the effective date of the Management Plan, as approved by a judgment of the Superior Court for Riverside County, can only participate as a Class A Participant as described in Section 7A(1). RVLIT GT1654952.1 -12- E. Replacement Wells. The redrilling of existing wells and the drilling of new wells to replace existing wells will not be considered new private production. 8. Capital Facilities. Each Public Agency shall continue to own its existing capital facilities for water management. However, capital facilities may be jointly constructed and owned by the Management Plan. Joint financing of such facilities may be funded by regional capital fees, loans and grants, contributions for storage by The Metropolitan Water District of Southern California ("Metropolitan") or other third -parties, and municipal bonds. Responsibility for the costs of any existing and future capital facility of the Management Plan should be apportioned among the Public Agencies based on relative benefit to be derived by each Public Agency. Any of the participating Public Agencies may propose projects to be included in the Management Plan to increase Management Area water supply. Such proposals, after evaluation by the Watermaster, shall be included or rejected. If the Watermaster chooses to reject the proposal, the proposing Public Agency may implement the rejected project as long as it does not significantly impact the implementation of the Management Plan and/or interfere with the ongoing production by the Public Agencies. RVLIT G654952.1 -13- 9. Soboba Tribe's Water Rights. The Soboba Tribe's water rights shall be determined as part of a settlement among the Soboba Tribe, the United States, Eastern, Lake Hemet and Metropolitan. Major points of the proposed settlement are: A. The Soboba Tribe shall have a senior, prior right in the Canyon and San Jacinto Upper Pressure Sub -basins of 9000 afy, but its use shall be limited to a maximum of 4100 afy during the first 50 years after the effective date of the settlement. B. The Soboba Tribe shall have the right to purchase replenishment water for use pursuant to the Principles of Settlement at the Management Plan replenishment rate. C. The Soboba settlement provides that, among other things, Metropolitan will use its best efforts to deliver sufficient water to yield a 15- year average of 7,500 afy to the Management Plan until 2035 at its long- term interruptible rate (currently $233/af). RVLIT\GT`654952.1 -14- D. Subject to full funding of the settlement by the United States, the Management Plan shall pay the Soboba Tribe $10 million. E. The Management Plan will also pay the Soboba Tribe $7 million. A Public Agency's payment of its share of this amount is optional, but in order to obtain the benefits of the low-cost Metropolitan water delivered pursuant to the settlement, a Public Agency shall pay its share of this amount. F. The Management Plan will receive $10 million for capital improvements from the United States, and all unused Soboba Tribe water based on the Public Agency's participation in the payment in Section 9(E) above. 10. Implementation of These Principles. These Interim Principles for Water Management shall be used by the parties as a basis for the preparation of the Management Plan, and a stipulated judgment in a water rights adjudication. As explained below, the Management Plan shall be administered by the Watermaster. The Watermaster will be under the continuing jurisdiction of the Court. RVLIT-,GT`654952.1 -15- 11. Assessment Program. The assessment program contemplated by the Management Plan shall be administered by the Watermaster subject to the governance provisions herein. All payments shall be made to the Watennaster and shall be maintained in a separate restricted fund. All assessments shall be used exclusively to acquire imported, recycled or Metropolitan water for the recharge of the Management Area, and for the facilities and operational and administrative expenses associated with the assessment and recharge programs. Subject to Management Plan approval, assessments may also be used by affected parties to acquire and deliver water for direct use by the parties, in lieu of pumping. 12. Replenishment Program. The replenishment program contemplated by the Management Plan shall also be administered by the Watermaster. The program shall include: the acquisition of supplemental water supplies (including imported, recycled and Soboba Tribe water); the expenditure of assessments; the recharge of the Management Area; and the construction and operation of all necessary facilities, including but not limited to, development of surface and sub -surface percolation and injection facilities. Priority for replenishment will be based on an equitable RVLIT\GT'654952. I -16- apportionment of available replenishment water among the sub -basins after full consideration of: the Public Agency's participation in the payment in Section 9(E) above; the Management Area conditions; water demands; the availability of storage capacity to accommodate the recharge of natural flows; the availability of appropriate conveyance facilities; and the availability of replenishment or imported water. The Watermaster is encouraged to take advantage of surplus imported water that occasionally may be available at low cost, and to use available assessment funds to bank such recharge against future pumping in excess of adjusted production rights. 13. Rights to Groundwater. Groundwater in the Management Area may occur from: natural recharge; spreading operations of natural flows; replenishment with imported, recycled or Metropolitan water acquired with assessment funds; or in -lieu recharge programs financed with assessment funds. All such groundwater shall be available to support the pumping of the parties as allowed herein, and shall not be the property of any individual party, subject to the provisions of Section 14. RVLIT\G 654952.I -17- 14. Storage Rights. The parties recognize that unused storage capacity exists in the Management Area, and the Management Plan contemplates that this capacity will be managed conjunctively with available imported and recycled water supplies. Subject to availability of the Management Plan fund for assessments and unused storage capacity as determined by Watermaster, the Management Area will be recharged and water stored therein when such supplies are available, and drawn upon by the Public Agencies in dry years when such supplemental water supplies may not be available. In addition, unused storage capacity as determined by Watermaster may be used for "put and take" operations of recycled or imported water that is paid for by any party to the Management Plan provided that: A. Such operations do not interfere with the rights of any other pumper, or with the use of the storage capacity for recharge and storage under the Management Plan; B. Water available for recharge is purchased first, as needed, for the Management Plan; RVLIT ,GT `654952.1 -18- C. Later recovery of stored water shall exclude losses; and D. Such recovered water may be used anywhere within the service area of the party. Any conjunctive use programs for the benefit of territory outside of the Management Area shall be subject to the governance provisions herein. Any storage, conjunctive use programs by third parties or in -lieu recharge programs financed with assessment funds shall be subject to the governance provisions herein. 15. Spreading Operations. The Public Agencies shall independently or jointly operate their respective facilities to maximize the existing spreading and recharge operations of natural flow in the Management Area. 16. Recharge Water Quality. Consistent with Section 4(E) above all water used to replenish any sub -basin in the Management Area shall meet the Regional Water Quality Control Board requirements, and may be used in any sub -basin where such requirements are met. RVLIT;GT`654952.1 -19- 17. Recharge Losses. The accounting for storage recharge of the Management Area shall not include any water that escapes therefrom and migrates downstream beyond the Management Area. Losses will be calculated based upon best engineering principles. 18. Recycled Water. The use of recycled water can be of substantial benefit in providing additional water in the Management Area. Each Public Agency may implement a recycled water program, including the ownership, operation and construction of all necessary facilities, and the application for and administration of any loan or grant applications. The Management Plan will support to an or grant applications, and the Public Agencies will work to integrate recycled water into the Management Plan to the extent economically feasible while meeting regulatory standards. Subject to existing recycled water contracts, the Management Plan will have a first right of refusal to purchase excess recycled water for recharge. Priority shall be given to Management Area recharge for the use of recycled water which originates therefrom. 19. Export. The Public Agencies may export water outside the Management Area, on a temporary basis, upon approval by the Watermaster. RVLIT\GP654952.1 -20- However, any water exported shall be replenished with an appropriate amount of similar or better quality water as determined by Watermaster. Also, water exports by the Public Agencies shall not interfere with the Management Plan or any other Public Agency's operations. The Management Plan will set forth the specific criteria for the export of water, including, but not limited to, conjunctive use programs. 20. Credits. Recharge credits documented before the Management Plan shall be calculated pursuant to the Management Plan. Future recharge credits shall be established by replenishment of water or by not exercising the full, adjusted base production right, and shall be calculated pursuant to the Management Plan. 21. Tunnel Seepage, Stream Diversions, Fruitvale To resolve Eastem=s use of Tunnel seepage, Lake Hemet's stream diversions and Eastern's use of Fruitvale water, 900 afy shall be added to Hemet's adjusted base production and 900 afy shall be added to San Jacinto's adjusted base production right as discussed in Section 5 above. This is intended to provide Hemet and San Jacinto a fair share of water from these disputed issues. RVLIT GT`654952.I -21- 22. Governance. The Management Plan will be administered by a Watermaster as follows: A. The governing board of the Watermaster shall consist of one elected official from each of the Public Agencies and one Private Pumper representative selected by the Private Pumpers who participate in the Management Plan. Each member shall have one vote. B. The Watermaster's duties shall include: determining safe yield; determining replenishment needs; determining annual adjusted base production rights; purchasing and selling imported and recycled water; constructing future capital facilities; establishing assessment rates; initiating necessary conservation and drought management measures; and implementing other responsibilities identified in the Management Plan documents. Dated: , 2003. EASTERN MUNICIPAL WATER DISTRICT RV LIT 1GT\654952. I By: -22- Dated: , 2003. LAKE HEMET MUNICIPAL WATER DISTRICT By: Dated: , 2003. CITY OF HEMET By: Dated: , 2003. CITY OF SAN JACINTO RVLIT1GT'654952.1 By: -23- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING PRINCIPLES OF WATER MANAGEMENT WHEREAS, the City of San Jacinto depends on groundwater from the Hemet/San Jacinto Groundwater Basin for its domestic water supply; and WHEREAS, the Hemet/San Jacinto Groundwater Basin is in a state of overdraft, jeopardizing the longterm viability of the City's domestic water supply; and WHEREAS, the City of San Jacinto, the City of Hemet, Eastern Municipal Water District, Lake Hemet Municipal Water District, and private pumpers have undertaken a comprehensive groundwater planning process, the goal of which is to ensure an adequate and reliable long term water supply; and WHEREAS, the participants have jointly negotiated the "Principles of Water Management" that is intended to provide the framework for a long range water management plan. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto: SECTION 1. Principles of Water Management: The Principles of Water Management, attached hereto as Exhibit "A", are approved as the basis for development of a water management plan, the goal of which is to ensure an adequate and reliable source of future water supply. SECTION 2. Recharge Credits: The City's approval of the Principles of Water Management is conditioned upon the understanding that the City will receive full future recharge credits pursuant to Section 20 of the Principals of Water Management. SECTION 3. Effective Date: This Resolution shall become effective upon its adoption. Page 1 of 2 RMPUB\R W H\229996.1 APPROVED and ADOPTED this day of , 2004 by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Dorothy L. Chouinard, City Clerk Page 2 of 2 RMPUBIR W H1229996.1 City of San Jacinto by Jim Ayres, Mayor AGENDA ITEM 4. February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Peter A. Cosentini, City Manager SUBJECT: Funding Source to Paint City Hall RECOMMENDATION: It is recommended that the City Council put on hold the painting of City Hall and direct the City Manager to review this capital request in the context of the budget process. BACKGROUND: At the last City Council meeting, City Council directed staff to bring back funding options for the painting of City Hall. Staff has researched the potential sources of funding and criteria to determine the feasibility of the painting of City Hall. Staff was not able to find restricted funds that allow the use of funds for this type of work for City Hall. And as you know, general funds are limited and are committed to fund essential public services to the community, and to support the deficit spending that currently exists in the General Fund. Therefore, considering the sensitivity of the general fund, staff recommends that Council does not use unrestricted-undesignated general funds for this project, and place this project on hold until the next budget process. In this way, the project can compete with other needs of the City. JUSTIFICATION: The City Manager continues to recommend to the Council that general fund reserves be spent conservatively. BUDGETARY IMPACT: Option to recommendation - If Council chooses to proceed with this project, $5,000 would have to be allocated from the general fund. Page 1 of 2 City Manager: Finance Director: ATTACHMENTS: None Page 2 of 2 AGENDA ITEM 5.1.1 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Bernie Simon Finance Director SUBJECT: Approve Warrant Register for Warrants, Prepaid Checks, and Payroll Checks RECOMMENDATION: By motion, approve the warrant register for the warrants and prepaid items and payroll checks issued since the last Council meeting, for the period ending February 19, 2004 BACKGROUND: The following are the warrant and check numbers for this cycle: Warrant/Prepaid # s Cycle Dates Payroll Checks Cycle Date 66492-66724 February 19, 2004 16320-16375 February 19,2004 Payroll information is available for Council review in the Finance Department. JUSTIFICATION: All warrants, pre -paid checks and payroll checks require Council approval. BUDGETARY IMPACT: Adequate funds have been budgeted to cover the subject expenses. ATTACHMENTS: 1 — Detailed listing of invoices paid and warrant register. Page 1 of 1 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66492 2/4/04 Eye care of america REQUEST 2/2/04 REQUEST 2/2/04 REQUEST 2/2/04 Vision ins premium feb 04 Vision ins premium feb 04 Vision ins premium feb 04 085-0000-202.21-35 085-0000-202.21-36 065-0000-201.08-64 689.81 77.97 28.77 796.55 66493 2/4/04 Icma retirement trust REQUEST 2/4/04 Jan 22, 2004 085-0000-202.21-29 125.00 125.00 66494 2/4/04 Pacificare of california REQUEST 2/2/04 REQUEST 2/2/04 REQUEST 2/2/04 Health ins premium feb 04 Health ins premium feb 04 Health ins premium feb 04 085-0000-202.21-39 085-0000-202.21-40 065-0000-201.08-64 28,074.86 3,923.85 1,114.19 33,112.90 66495 2/4/04 Preferred benefit insurance admin. REQUEST 2/2/04 REQUEST 2/2/04 Dental ins feb 04 Dental ins feb 04 085-0000-202.21-32 085-0000-202.21-31 3,712.64 60.87 3,773.51 66496 2/4/04 So. california edison co. REQUEST 2/4/04 Utilities 050-9000-450.35-40 15,806.50 15,806.50 66497 2/4/04 So. california gas co. REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 REQUEST 2/4/04 Utilities Utilities Utilities Utilities Utilities Utilities Utilities 010-2500-425.35-12 010-3100-431.35-12 010-6100-425.35-12 010-7400-425.35-12 021-4150-410.35-12 021-4150-410.35-12 010-6500-425.35-12 331.84 169.12 56.09 345.76 102.61 34.78 3.84 1,043.84 66498 2/4/04 Standard insurance, the REQUEST 2/2J04 Feb 04 insurance prem 085-0000-202.21-46 5,355.83 5,355.83 66499 2/4/04 Toyota financial services REQUEST 2/4/04 Lease 010712 67120 063-1700-410.40-45 516.12 516.12 66500 2/4/04 Toyota financial services REQUEST 2/4/04 Lease 010712 67154 063-1700-410.40-45 516.12 516.12 66501 2/4/04 Verizon california REQUEST 2/4/04 Telephone 010-2500-425.35-60 642.69 642.69 66502 2/4/04 Campbell, robert REQUEST 2/4/04 Reimb installation fee 050-0000-310.07-96 400.00 400.00 66505 2/10/04 Calpers REQUEST 2/05/04 Retire contb 2/5/04 type3 085-0000-202.21-28 23,250.62 23,250.62 66506 2/10/04 Chicago title company REQUEST 2/10/04 Property acquisition 065-0000-201.08-60 17,582.66 17,582.66 66507 2/10/04 Colt defense Ilc REQUEST 1/22/04 Tuition attn: k. southern 010-3100-431.31-20 375.00 375.00 66508 2/10/04 Hartford life insurance companies REQUEST 2/05/04 Grp#109947 contb 2/5/04 085-0000-202.21-29 4,031.38 4,031.38 66509 2/10/04 Holbrook, christopher REQUEST 1/7/04 Tuition reimbursment 010-2500-425.31-20 619.25 619.25 66510 2/10/04 Icma retirement trust REQUEST 2/05/04 Def comp contb 2/5/04 085-0000-202.21-29 740.38 740.38 Page 1 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66511 2/10/04 Lincoln life REQUEST 2/05/04 Def comp contrb 2/5/04 085-0000-202.21-29 335.00 335.00 66512 2/10/04 Riverside, county of REQUEST 2/05/04 REQUEST 2/05/04 Filing de minimis impact Filing de minimis impact 010-1700-417.36-25 010-1700-417.36-25 64.00 64.00 128.00 66602 2/19/04 A-1 lock & key service 29762 Supplies 010-4150-410.33-50 19.31 19.31 66603 2/19/04 Al's kubota tractor 161512 161620 161463 Supplies Supplies Supplies 010-4150-410.21-80 010-4150-410.21-80 010-7100-410.33-30 13.45 35.00 10.00 58.45 66604 2/19/04 Alex towing 1120 Towing fees 010-3320-431.33-50 30.00 30.00 66605 2/19/04 All american sewer tools 41008 Supplies 055-4170-450.33-30 393.73 393.73 68606 2/19/04 Allen lire company 166797 Auto repair 010-3320-431.33-50 57.07 57.07 66607 2/19/04 American forensic nurses 17366 Analyisis 010-3100-431.34-05 181.00 181.00 66608 2/19/04 Anady's trophies 44017 Supplies 010-1700-417.21-10 15.89 15.89 66609 2/19/04 Andre landscaping service, inc. 18685 18692 18315 Maint billing jan 2004 Maint billing jan 2004 Oct 2003 maint 010-7100-410.34-05 301-8833-500.34-05 301-8833-500.34-05 25,971.32 1,100.00 1,100.00 28,171.32 66610 2/19104 Aqua conserve, inc. 0004557 0004558 Supplies Supplies 050-9000-450.33-30 050-9000-450.33-30 413.43 421.46 834.89 66611 2/19/04 Arrangement gallery florist, the 11/11/03 Veterans day flowers 010-2510-425.40-08 201.63 201.63 66612 2/19/04 At & t 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 12/25/03 STMT 1/9/04 6779 1/22/04 6478 Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone 010-2500-425.35-16 010-3100-431.35-16 010-7400-425.35-16 010-4150-410.35-16 050-9000-450.35-16 010-2500-425.35-16 025-7252-410.35-16 010-6100-425.35-16 010-2500-425.35-16 010-2500-425.35-16 847.26 887.01 23.76 57.20 57.20 337.77 23.16 3.83 70.60 22.12 2,329.91 Page 2 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66613 2/19/04 B & w pipe & supply 62442 62444 62449 Supplies Supplies Supplies 010-7100-410.33-30 010-7100-410.33-30 010-7100-410.33-30 234.51 -90.06 -35.44 109.01 66614 2/19/04 Best best & krieger Ilp 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 10/20/2003 12/31/2003 12/31/2003 12/31/2003 12/31/2003 12/31/2003 12/31/2003 1/31/2004 1/31/2004 1/31/2004 1/31/2004 1/31/2004 1/31/2004 1/31/2004 Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional services Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 026-7511-410.30-91 026-7510-410.30-91 026-7512-410.30-91 102-1400-500.30-90 065-0000-201.08-10 065-0000-201.08-60 200-8850-450.30-90 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 065-0000-201.08-10 065-0000-201.08-60 033-8850-450.30-91 096-1111-411.30-90 050-1111-411.30-90 010-1111-411.30-90 026-7513-410.30-91 065-0000-201.08-10 065-0000-201.08-60 033-8850-450.30-91 9,419.98 4,312.46 24,091.02 980.94 1,900.57 61.31 122.62 8,630.51 909.35 1,117.72 1,628.83 2,842.96 17,862.25 8,028.82 502.85 4,546.77 5,830.05 6,241.80 29,259.53 135.00 860.00 743.00 269.15 130,297.49 66616 2/19/04 Bowman signs 1936 Supplies 010-3300-431.21-10 152.33 152.33 66617 2/19/04 Business bank of california REQUEST 1/30/04 Progress payment # 15 054-0000-101.11-15 3,666.00 3,666.00 66618 2/19/04 Business press, the 2/5/04 B039809 Subscription 010-1700-417.21-10 108.00 108.00 Page 3 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66619 2/19/04 C.m. de crines & co., inc. 186 Professional servcies 065-0000-201.08-13 1,653.75 1,653.75 66620 2/19/04 Ca. municipal treasurer's assc 16745 16745 Membership dues Membership dues 010-1410-414.30-16 010-1400-414.30-16 60.00 60.00 120.00 66621 2/19/04 Castellano's towing & recovery 45625 Towing fees 010-3100-431.33-50 45.00 45.00 66622 2/19/04 Ced consolidated electrical 2903-425456 2983-425357 Supplies Supplies 025-7260-410.21-30 050-9000-450,33-30 54.68 76.90 131.58 66623 2/19/04 Christie steel fabrication 9467 Supplies 056-4150-410.33-50 7.00 7.00 66624 2/19/04 Ciernia, james r. REQUEST 2/5/04 Refund 010-0000-308.06-04 2,686.00 2,686.00 66625 2/19/04 Comserco 01/MA50211531 01/MA50211530 Maint billing 2/1to 2/29 Maint bill 2/1 to 2/29/04 010-3100-431.34-05 050-9000-450.34-05 542.75 86.10 628.85 66626 2/19/04 Comtronix of hemet 40813 40849 Supplies Supplies 010-3100-431.33-50 010-3100-431.34-05 121.08 240.00 361.08 66627 2/19/04 Costco - temecula 1/19/04 1/19/04 1/19/04 Supplies Supplies Supplies 010-2500-425.21-10 010-1210-412.21-10 010-1200-412.21-10 115.66 102.25 12.80 230.71 66628 2/19/04 Cutting edge staffing 15689 15689 15605 15605 15735 15735 15735 15779 15779 15779 Temp employees Temp employees Temp employees Temp employees Temp employee Temp employee Temp employee Temp employee Temp employee Temp employee 010-3300-431.30-90 010-7100-410.30-90 010-3300-431.30-90 010-7100-410.10-04 010-7100-410.10-04 010-3300-431.30-90 102-1400-500.10-04 010-7100-410.10-04 010-3300-431.30-90 102-1400-500.10-04 2,600.10 548.28 1,850.10 426.44 548.28 2,597.00 586.08 548.28 3,024.29 504.68 13,233.53 66629 2/19/04 Cwea specialty conference REQUEST 2/9/04 Registration conference 055-4170-450.31-20 135.00 135.00 66630 2/19/04 Dell computers 626220462 623472124 Hardware Computer systems 050-1400-414.40-45 010-3300-431.40-45 5,008.65 3,650.26 8,658.91 Page 4 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66631 2/19/04 Deluxe business forms & supplies 13449735 Office supplies 010-1400-414.21-10 2,043.02 2,043.02 66632 2/19/04 Dewey's electric 1/28/04 2/5/04 Services rendered Services rendered 010-3100-431.21-10 010-2500-425.33-10 95.00 265.40 360.40 66633 2/19/04 E.s. babcock & sons, inc. AA41672-0278 AA41591-0278 AA41282-0278 Analysis Analysis Analysis 050-9000-450.33-30 050-9000-450.33-30 050-9000-450.33-30 60.00 60.00 48.00 168.00 66634 2/19/04 Eastern municipal water district 1/20/04 8985903 1/21/04 7889302 1/21/04 6670302 1/21/04 9406802 1/21/04 9574602 1/21/04 9406902 1/21/049407002 1/22/04 9406702 1/22/04 9626704 1/22/04 9451303 1/22/041479860 1/13/04 8137703 Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7250-410.35-10 025-7100-410.35-10 025-7251-410.35-10 36.45 8.37 284.13 78.66 56.46 11.43 12.55 8.37 119.11 334.55 8.37 469.83 1,428.28 66635 2/19/04 Edwards, trina REQUEST 2/9/04 Reim water dep# 20019113 050-0000-229.08-70 98.25 98.25 66636 2/19/04 Empire homes REQUEST 2/9/04 Reim water dep# 27416 050-0000-229.08-70 55.06 55.06 66637 2/19/04 Employment development departrr 3/18/04 Seminar aftn: c. bohn 010-1400-414.31-20 15.00 15.00 66638 2/19/04 Essco 6708 Supplies 055-4170-450.33-30 358.11 358.11 66639 2/19/04 Excel steam 2135 Maint for Jan 2004 010-3100-431.33-10 625.00 625.00 66640 2/19/04 Family sport & fitness 89 89 89 89 89 89 February 2004 February2004 February2004 February 2004 February2004 February2004 010-1110-411.11-10 010-1200-412.11-10 010-1400-414.11-10 010-1700-417.11-10 010-3300-431.11-10 010-4150-410.11-10 20.00 20.00 60.00 20.00 450.00 150.00 810.00 Page 5 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66640... 2/19/04... Family sport & fitness... 89 89 89 89 89 89 February 2004 February 2004 February2004 February 2004 February 2004 February 2004 010-4200-410.11-10 010-7100-410.11-10 010-7400-425.11-10 085-0000-202.21-76 096-1700-417.11-10 099-1700-417.11-10 10.00 10.00 10.00 30.00 20.00 10.00 810.00... 66641 2/19/04 Federal express 1-637-71499 1-584-23210 Postage Postage fees 010-2500-425.21-10 050-1400-414.21-10 9.88 21.16 31.04 66642 2/19/04 Fleet services PU000000342 PU000000342 PU000000342 PU000000342 PU000000342 PU000000342 PU000000342 PU000000342 PU000000342 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 November 2003 010-1200-412.33-50 010-1400-414.21-10 010-3100-431.21-70 010-1700-417.21-70 010-3300-431.21-70 010-4150-410.21-70 010-7100-410.21-70 050-9000-450.21-70 010-3320-431.21-70 22.12 39.55 3,448.59 40.01 57.79 360.80 323.16 595.09 62.85 4,949.96 66643 2/19/04 Flowers, Iinda REQUEST 2/9/04 Reim water dep# 90023048 050-0000-229.08-70 36.27 36.27 66644 2/19/04 Garcia, nancy REQUEST 2/9/04 Reim water dep# 20008016 050-0000-229.08-70 31.01 31.01 66645 2/19/04 Gaudet design group 732 741 750 Professioinal services Professioinal services Professioinal services 010-6500-425.34-05 010-6500-425.34-05 010-6500-425.34-05 2,544.25 5,000.00 5,196.00 12,740.25 66646 2/19/04 Genesis construction REQUEST 1/30/04 REQUEST 1/30/04 Progress payment # 15 Progress payment # 15 054-9000-450.40-01 054-0000-210.20-25 36,660.00 -3,666.00 32,994.00 66647 2/19/04 Gfb-friedrich & assoc., inc. 0401-31 0401-31 0401-31 0401-26 0401-31 Professional services Professional services Professional services Professional services Professional services 025-7250-410.30-90 025-7251-410.30-90 025-7252-410.30-90 102-1400-500.30-90 025-7260-410.30-90 282.96 42.22 83.57 1,250.39 260.25 4,179.39 Page 6 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66647... 2/19/04... Gfb-friedrich & assoc., inc.... 0401-29 0401-27 0401-27 Professional services Professional services Professional services 026-7518-410.30-92 026-7516-410.30-92 026-7517-410.30-92 120.00 1,840.00 300.00 4,179.39... 66648 2/19/04 Global industrial equipment 54010773 Supplies 102-1400-500.40-45 1,240.74 1,240.74 66649 2/19/04 Great pacific equipment, inc. 14753 Supplies 010-4150-410.33-50 101.41 101.41 66650 2/19/04 Hdl software, Ilc 8953-IN Jan -mar 2004 property tax 010-2500-425.30-90 2,700.00 2,700.00 66851 2/19/04 Hemet heating & cooling 1/5/04 Supplies 010-6500-425.34-05 43.10 43.10 66652 2/19/04 Hemet rubber stamp 41406 41406 Supplies Supplies 010-3320-431.21-10 010-1700-417.21-10 27.15 33.14 60.29 66653 2/19/04 Hemet valley pipe & supply 81406 81321 81270 Supplies Supplies Supplies 010-7100-410.33-30 010-7100-410.33-30 010-7100-410.33-30 22.57 1.94 1.23 25.74 66654 2/19/04 Hemet valley tool & supply 66511 Supplies 055-4170-450.33-30 55.98 55.98 66655 2/19/04 Hi -way safety 35423 Suppplies 022-4150-410.40-01 158.93 158.93 66656 2/19/04 Horizon water 1/26 CITY 12/23/03 1/26/04 VIRGINA 12/23/03 12/23 POLICE 01/26 POLICE Supplies Office supplies Supplies Supplies Supplies Supplies 010-2500-425.21-10 010-2500-425.21-10 010-2500-425.34-05 010-2500-425.34-05 010-3100-431.35-10 010-3100-431.35-10 41.50 34.60 48.50 27.70 107.00 134.60 393.90 66657 2/19/04 Inland foundation eng. inc. 7826 7828 December 2003 December 2003 054-9000-450.40-01 054-9000-450.40-01 3,235.00 917.50 4,152.50 66658 2/19/04 Inland water works supply co. 133922 Supplies 050-9000-450.33-30 75.26 75.26 66659 2/19/04 International institute of 17150 Membeship dues 3/31/2005 010-1110-411.30-16 135.00 135.00 66660 2/19/04 J & r concrete prod. inc. 18585 Supplies 050-9000-450.33-30 562.99 562.99 66661 2/19/04 Jobs available 403080 Advertisment 010-1210-412.36-25 309.38 309.38 66662 2/19/04 Joe's sheet metal 12758 Supplies 010-3200-431.33-30 129.30 129.30 66663 2/19/04 Karl's tractor service 1/13/04 Weed abatement 105-3320-431.34-05 836.50 836.50 Page 7 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66664 2/19/04 La chemcial 269910 Supplies 050-9000-450.33-30 1,444.91 1,444.91 66665 2/19/04 Lancaster inspection services 04-03 Professional services 010-3300-431.10-04 2,888.00 2,888.00 66666 2/19/04 Lavin, robed a. 02-04 Superintendentjan 2004 010-4200-410.10-04 5,320.00 5,320.00 66667 2/19/04 Los angeles engineering REQUEST 2/9/04 Reim water dep# 2727 050-0000-229.08-70 411.52 411.52 66668 2/19/04 Lsa associates, inc. 55161F Professional services 010-1700-417.30-90 1,172.50 1,172.50 66669 2/19/04 Main street realty REQUEST 2/9/04 Reim water dep# 40002195 050-0000-229.08-70 142.02 142.02 66670 2/19/04 Marroquin, forge luis REQUEST 1/5/04 Reimb water dep #50019038 050-0000-229.08-70 41.00 41.00 66671 2/19/04 Matt chlor inc. 90335 Supplies 050-9000-450.33-30 376.96 376.96 66672 2/19/04 Merrill, roark REQUEST 2/9/04 Reim water dep# 10001019 050-0000-229.08-70 44.25 44.25 66673 2/19/04 Mickey ibarra & associates, inc. 193 Professional fees 010-2500-425.30-90 2,500.00 2,500.00 66674 2/19/04 Mission uniform services, inc. 17980950 17981969 17981972 17982991 17982994 Supplies Uniform supplies Supplies Uniform supplies Uniform supplies 010-7400-425.33-10 050-9000-450.21-35 010-4150-410.21-35 050-9000-450.21-35 010-4150-410.21-35 24.27 58.14 49.09 57.83 49.09 238.42 66675 2/19/04 Municipal management associatior 01190409 Membership dues 010-1200-412.31-20 50.00 50.00 66676 2/19/04 National business furniture MC0828-WOD Rack for magaznie 010-3300-431.21-10 169.97 169.97 66677 2/19/04 Neeley, carlo dwayne REQUEST 2/9/04 REQUEST 2/9/04 Reimb water dep# 20014008 Overpay on acct# 20014008 050-0000-229.08-70 050-0000-308.09-10 50.00 26.40 76.40 66678 2/19/04 New world systems 100000024062 100000024063 Rendered services Rendered services 060-3100-431.40-45 060-3100-431.40-45 393.64 210.12 603.76 66679 2/19/04 Nextel communications STMT 1/19/04 Telephone 010-3100-431.34-05 664.46 664.46 66680 2/19/04 Overnight industrial 22378 Supplies 010-4150-410.21-35 16.11 16.11 66681 2/19/04 Pacific alarm svc., inc. 40394 Feb 2004 010-3100-431.21-19 26.00 26.00 66682 2/19/04 Perez, garcia rosalina REQUEST 2/9/04 Reim water dep# 60024042 050-0000-229.08-70 67.40 67.40 66683 2/19/04 Perry, timothy alien REQUEST 2/9/04 Reim water dep# 30001118 050-0000-229.08-70 112.31 112.31 66684 2/19/04 Pierce plumbing 30535 30539 Supplies Supplies 010-7400-425.33-10 010-4150-410.33-30 1.51 26.04 27.55 Page 8 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66685 2/19/04 Pip printing 66045 CREDIT 67138 67052 67394 Supplies Office supplies Office supplies Office supplies 010-1100-411.36-10 065-0000-103.12-65 010-1700-417.21-10 010-1700-417.21-10 -152.33 77.58 36.83 343.23 305.31 66686 2/19/04 Ponce, joel REQUEST 2/9/04 Reim water dep# 20005094 050-0000-229.08-70 9.10 9.10 66687 2/19/04 Powell, patricia r. REQUEST 2/9/04 Reim water dep# 40006077 050-0000-229.08-70 180.00 180.00 66688 2/19/04 Press enterprise 689121 689304 2145253 2131182 2131181 2150405 2151146 2140120 2132998 2132999 2138536 Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment Advertisment 010-2510-425.40-09 010-1700-417.36-25 055-1111-411.30-90 010-1700-417.36-25 010-1700-417.36-25 010-1700-417.36-25 010-1700-417.36-25 010-1700-417.36-25 010-1210-412.36-25 010-1210-412.36-25 010-1210-412.36-25 371.70 185.85 252.25 86.90 24.85 69.10 170.50 114.40 767.15 866.17 712.35 3,621.22 66689 2/19/04 Quality auto parts D650015 D649026 D649025 D650734 D651392 D647144 D653552 D653819 D623698 D621126 Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies 056-4150-410.33-30 056-4150-410.33-30 056-4150-410.33-30 056-4150-410.33-50 010-7100-410.33-50 010-7100-410.33-50 050-9000-450.33-50 010-3100-431.33-50 010-3100-431.33-50 010-3100-431.33-50 4.84 6.42 18.49 12.84 9.62 45.45 8.05 16.68 2.78 11.84 137.01 66690 2/19/04 Quirarte, maria REQUEST 2/9/04 Reim water dep# 10026090 050-0000-229.08-70 159.55 159.55 66691 2/19/04 Ramona floors 008449 Services rendered 010-3100-431.21-10 110.00 110.00 Page 9 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66692 2/19/04 Ramona tire 131022 Supplies 050-9000-450.33-50 30.00 30.00 66693 2/19/04 Reliable YYY08400 YX772600 CYH74200 RL890500 CYH74200 CYH74200 RNW14100 RPM48900 CZG35200 CZG35200 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-4200-410.21-10 010-1100-411.21-10 010-3300-431.21-10 010-2500-425.21-10 010-1700-417.21-10 010-3300-431.21-10 010-1400-414.21-10 010-2500-425.21-10 010-2500-425.21-10 010-1700-417.21-10 36.75 109.32 72.16 119.58 135.72 9.12 37.79 575.36 247.28 139.19 1,482.27 66694 2/19/04 Riverside county sheriffs SH0000001590 SH0000001624 Nov13-dec10,2003 contract Booking fees 010-3100-431.10-04 010-3100-431.30-19 11,512.00 2,428.80 13,940.80 66695 2/19/04 Riverside, county of REQUEST 2/9/04 Parking violations 010-0000-304.03-35 53.00 53.00 66696 2/19/04 Rk engineering group, Inc. 2004-09 Professional servcies 065-0000-201.06-47 225.00 225.00 66697 2/19/04 Rod's automotive performance 140127006 140120003 Auto repair Auto repair 010-3100-431.33-50 010-3100-431.33-50 696.21 40.40 736.61 66698 2/19/04 Rogers,anderson,malody & scott 11112/31/03 Professional services 010-1400-414.30-90 447.00 447.00 66699 2/19/04 Rosenow spevacek group inc. 13892 Professional servcies 010-1700-417.30-90 4,815.00 4,815.00 66700 2/19/04 Sharps ace hardware 637982 Supplies 050-9000-450.33-30 28.93 28.93 66701 2/19/04 Smart & final 36256 38841 Office supplies Supplies 010-2500-425.21-10 010-1200-412.21-10 52.88 43.82 96.70 66702 2/19/04 So. california gas co. 1/23/041031862 Utilities 010-2500-425.35-12 20.58 20.58 66703 2/19/04 Starner, edward I. 01012004 Interim supervisor 1/2004 050-9000-450.10-04 2,610.00 2,610.00 66704 2/19/04 State of california dept of justice 460411 460212 Analysis Analysis 010-3100-431.34-05 010-3100-431.34-05 210.00 35.00 245.00 66705 2/19/04 Stericycle 2640859 Analysis 010-3100-431.34-05 73.40 73.40 66706 2/19/04 Stetson engineers inc. 12264 Professional services 050-9000-450.40-01 9,368.09 9,368.09 Page 10 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66707 2/19/04 Strattons janitorial service 2588 2569 2570 Cleaning fees jan 2004 Cleaning fees Jan 2004 Cleaning fees jan 2004 010-7400-425.34-05 010-2500-425.34-05 010-1700-417.34-05 590.00 475.00 600.00 1,665.00 66708 2/19/04 Subbarayan krishnan, m.d. 09/09/03 WAGNEF Sjpd class a cpe 010-1210-412.30-16 400.00 400.00 66709 2/19/04 Sungard hte, inc. 843541 843469 Java-gmba software 04/05 Qrep-hte software 04/05 010-1400-414.34-05 010-1400-414.34-05 10,375.05 1,138.48 11,513.53 66710 2/19/04 Talley, joe b REQUEST 2/9/04 Reim water dep# 2045 050-0000-229.08-70 72.58 72.58 66711 2/19/04 Templeton, jack REQUEST 1/28/04 Reimbursment 010-1400-414.21-10 15.06 15.06 66712 2/19/04 Tri buick pontiac gmc BUCS63823 Auto repair 010-1400-414.33-50 446.89 446.89 66713 2/19/04 Tri-lake consultants, inc. 1921 1924 1923 1925 1926 1927 Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies Professional servcies 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 065-0000-201.06-47 1,472.79 12,686.02 3,380.86 8,679.84 4,626.07 8,444.01 39,289.59 66714 2/19/04 Underground service alert 4010605 Supplies 050-9000-450.33-30 213.60 213.60 66715 2/19/04 Valley chronicle, the 1523136 1523137 1523138 1523139 1523141 Advertisment Advertisment Advertisment Advertisment Advertisment 010-3100-431.21-10 010-3100-431.21-10 010-3100-431.21-10 010-3100-431.21-10 010-3100-431.21-10 20.00 20.00 20.00 20.00 20.00 100.00 66716 2/19/04 Vulcan materials company 200724 Supplies 010-4150-410.33-30 158.25 158.25 66717 2/19/04 Western highway products 355485 Supplies 021-4150-410.40-01 1,994.89 1,994.89 66718 2/19/04 Wetworks pool care 2/1/04 STMT Monthly service feb 2004 010-8400-425.33-10 681.33 681.33 66719 2/19/04 Withell, lydia REQUEST 2/9/04 Reimb overpay #30020060 050-0000-308.09-10 151.38 151.38 66720 2/19/04 Wolford, margaret 1-04 Transcription fees 010-3100-431.34-05 324.00 324.00 66721 2/19/04 Xerox corporation 000358470 000358731 Lease on copiers Lease on copiers 010-2500-425.34-05 010-2500-425.34-05 737.96 180.91 1,584.51 Page 11 City of San Jacinto Warrant Register Date: 02/19/2004 Check Number Check Date VendorName Invoice Number Description Account Number Transaction Amount Check Total 66721... 2/19/04... Xerox corporation... 358739 358766 186503524 Lease on copier Lease on copier Lease on copier 010-7400-425.34-05 010-2500-425.34-05 010-3100-431.34-05 199.97 383.78 81.89 1,584.51... 66722 2/19/04 24 hour fire protection, inc. 103151 Supplies 010-3100-431.33-10 45.00 45.00 66723 2/19/04 5th palm dale corporation REQUEST 2/5/04 Refund overpay bus Iicens 010-0000-301.01-60 70.00 70.00 66724 2/19/04 9-1-1 magazine 902051-B2 Magazine subcription 010-3100-431.21-15 26.95 26.95 Total Checks 489,413.52 Page 12 AGENDA ITEM 5. 3 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, Community Development Director/\I- SUBJECT: Ratification of the City Manager's Approval and Execution of a Contract with Kammeyer and Associates to conduct ongoing Landscape Plan Checks and Inspections. RECOMMENDATION: By motion, ratify the City Manager's Approval and Execution of a Contract with Kammeyer and Associates to conduct ongoing Landscape Plan Checks and Inspections. BACKGROUND: In order to ensure that parkway landscaping improvements and parks have appropriate landscape and irrigation improvements, Staff recently solicited proposals from landscape architectural firms to provide for ongoing landscape plan checks and inspections. Two proposals were received, one from David Evans and Associates and the other from Kammeyer and Associates. Staff recommended that the City Manager engage the services of Kammeyer and Associates because of the lower rates quoted for plan check and inspection, and the firms positive history with the City (Main Street Project). City Manager: Finance Director: Page 1 of 2 JUSTIFICATION: The City Manager is authorized to execute professional service contracts up to $75,000. While it is not anticipated that the contract will generate service costs in excess of $75,000 this fiscal year, it is possible that the overall life of the service contract could result in costs over $75,000. Therefore, the City Manager felt it was important that the Council ratify his contract approval and execution. BUDGETARY IMPACT: The cost of the services will be fully reimbursed through plan check and inspection fees. ATTACHMENTS: Contract Page 2 of 2 CITY OF SAN JACINTO PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 8th day of December, 2003 by and between the City of San Jacinto, a public body, corporate and politic, with its principal place of business at 201 East Main Street, San Jacinto, Califomia 92583 ("City") and Kammeyer & Associates a corporation, with its principal place of business at The Ranch, 2837 Kellogg Avenue, Corona, Califomia, 92881- 3524 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Landscape Plan Check and Inspection services to public clients, is licensed in the State of Califomia, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Landscape Plan Check and Inspections services for the City of San Jacinto ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to fumish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Plan Check consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from December 8, 2003, until determined by Community Development Director unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set by City staff. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of RVPUBIDKG1621686 -1- Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference ("Schedule"). Consultant represents and warrants that it has the professional and technical personnel required to perform the Services in conformance with such Schedule. In order to facilitate Consultants conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance time lines to meet the Schedule. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project at the request of the City. 3.2.5 Agency's Representative. The City hereby designates its Community Development Director, or his/her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Todd Bagley, RLA, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work doselywith City staff in the performance of Services and shall be available to City staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Califomia. Consultant represents and warrants that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant RVPUBIDKG1621686 -2- represents and warrants that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City of San Jacinto ("City") business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all CaI/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising there from. Consultant shall defend, indemnify and hold the City, the City and their respective directors, officials, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall beat least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability. Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability. Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' RVPUBI➢KG\621686 -3- Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of Califomia. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than approved by the City's Risk Manager, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City and it's respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment fumished in connection with such Services; and (2) the insurance coverage shall be primary insurance as respects the City and it's respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City and their respective directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City and it's respective directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City and it's respective directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained the City and it's respective directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City and it's respective directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, retum receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City and it's respective directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City and its respective directors, officials, officers, employees, agents and volunteers. RVPUBU7KG1621686 -4- 3.2.10.6 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either. (A) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Agency, the City and its respective directors, officials, officers, employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in Califomia, and satisfactory to the Agency. 3.2.10.8 Verification of Coverage. Consultant shall fumish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before performance of Services commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and perform its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized cost and expense reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. In no event shall the total compensation, including authorized cost and expense reimbursements, exceed One Thousand Two Hundred dollars ($1,200.00) for the preparation of a plan check list and an hourly fee for plan check services will be Eighty-five dollars per hour ($85.00/hour) without written approval of Agency's Representative. Extra Work, as defined below, may be authorized as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates the portion of Services work completed and hours of work rendered by Consultant. The statement shall describe the portion of Services and hours of work rendered by Consultant since the initial commencement date, or since the start of subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request RVPUB\DKG\621666 -5- that Consultant perform "Extra Work". As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of Califomia Labor Code Sections 1720 et seq. and 1770 et seq., as well as Califomia Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultants principal place of business and at the Project site. Consultant shall defend, indemnify and hold the Agency, the City and its respective directors, officials, officers, employees, agents or volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents & Data, as defined below, and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. RVPUB'DKG1621686 -6- 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: Consultant: Kammeyer & Associates Attn: Todd Bagley The Ranch 2837 Kellogg Avenue Corona, CA 92881-3524 City: City of San Jacinto Attn: Community Development Director 201 East Main Street San Jacinto, CA 92583 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing fumished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Agency. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, RVPUBIDKG1621686 -7- appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attomey's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, the City and its respective directors, officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attomeys' fees, expert witness fees, and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City and its respective directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Agency, the City and/or their respective directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the Agency, the City and their respective directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City and its respective directors, officials officers, employees, agents and volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, letters, memoranda or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.8 Governing Law. This Agreement shall be govemed by the laws of the State of Califomia. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Agency's Right to Employ Other Consultants. City reserves the right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by Consultant without the prior written consent of the Agency, which may be given or withheld in the City's sole and absolute discretion. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City, which may be given or withheld in the City's sole and absolute discretion. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have RVPUB\DKG1621686 -8- participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise specified in this Agreement, any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, consultants and subcontractors of Consultant except as otherwise specified in this Agreement. All references to City or City include its respective directors, officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No waiver, supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his/ her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise Program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the Califomia Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and RVPUB\DKG1621686 -9- authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of the Agency. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF SAN CINTO COMMON D; ELOP T Dy2E R "AGEN ► / By: eter Cosentini City Manager Its: Attest: Approved as to Form: Best Best & Krieger LLP City Attomey KAMMEYER & ASSOCIATES TODD BAGLE "CONSULT 4.07r 2-railo Al ►/1`�. By: RVPUB\DKG162I686 -10- EXHIBIT "A" SCOPE OF SERVICES The Services to be performed by Consultant for the Project pursuant to this Agreement shall include but not be limited to the following specific tasks: • Develop Review Criteria and Check List (A one time effort): Using the City design guidelines we will revise and reformat the boiler plate check list we have included in proposal. This check list will serve a guideline for plan checker and the plan preparer. We suggest that this check list could be prepared in segments. We suggest the following check list segments: o Median & Parkways o Erosion Control o Commercial & Industrial o Retail, Offices and Churches o Residential development and apartments o Streetscapes o Parks and Open space • Pick-up and Drop-off: We plan on providing pick-up of plans and documents a minimum of two times a week, such as Tuesday and Friday; We are available to provide pick-up other than the scheduled pick-up dates when requested by the City. Additional pick ups will be for those projects the City wishes to place a special priority on. We will call the City ahead of time to coordinate the pick up and delivery of documents. • Plan Check: Having provided plan checking services and having had the experience of waiting for a plan check so a project may proceed we know how important it is to have prompt tum around of plan checks. With few exceptions we will provide a one week turn around on plan checks. Exceptions to the one week tum around will be an exceptionally high volume of plan checks or a particularly sensitive project where we may need to discuss issues with City Staff. • Weekly Check -in Meeting: Weekly we will meet with City Staff to review completed projects, discuss project specific issues, coordinate calendar issues and tract projects. • On -call Field Review: We will be on -call to assist the City in having quality control over projects which are built in the City. Upon the notice of the City we will be available to project inspection services. • Field Report: After each field inspection will prepare a project punch list and field report summary we will prepare the punch list and field report the next business day following the inspection. • Availability for proiect meetings: At the request of the City we will be available to attend meeting with project participates. • On -call attendance at Council & Planning Commission Meetings: We know that it can be helpful to staff to have the plan checker attend Planning Commission and Council meeting. At the request of the City Staff we will be available to attend these meetings. RVPUB'DKG1621686 A-1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from November 24, 2003 until determined by the Community Development Director, unless earlier terminated as provided in this Agreement. EITHER: Consultant shall completed all Services within the term of this Agreement and shall meet all other established schedules and/or deadlines set by Citystaff. RVPUBIDKG\621666 R-1 EXHIBIT "C' COMPENSATION Consultant shall receive compensation, including authorized cost and expense reimbursement, for all Services rendered under this Agreement at the rates set forth below. In no event shall total compensation, including authorized cost and expense reimbursements, exceed One thousand two hundred and 00/100 dollars ($1,200.00) for the preparation of a plan check list, and an hourly fee of eighty-five and 00/100 dollars ($85.00) for plan check services without written approval of Agency's Representative. RVPUB\DKG\621686 C-1 AGENDA ITEM 6.1 February 19, 2004 TO: The Honorable Mayor and Members of the City Council FROM: Dorothy L. Chouinard, City Clerk SUBJECT: Committee and/or Agency Agendas RECOMMENDATION: Receive and file. BACKGROUND: Information per Council's request. JUSTIFICATION: None BUDGETARY IMPACT: None ATTACHMENTS: Library RCTC RTA VEDC WROG Approvals City Manager: Finance Director: Pane 1 of 1 02/05/2004 12:31 9094878069 SAJt PAGE 02 San Jacinto Branch Library Subinitted by Elise Kahn, Branch Manager January 2004 The end of January also brought the end of the semester for the San Jacinto High School students. With 3 days of finals and a day off, it gave staff time to catch up on various housekeeping duties. For the month of January we continue to have an average daily attendance of 850 people visiting the library. On January 16'h the San Jacinto High School National Honor Society students presented a Winne the Pooh program for the children in the community. The students did a wonderful job and had quite an audience. There were 53 children and 22 adults that attended the program. The program consisted of a student reading a Winnie the Pooh story in the childrens room and asking questions about the story afterward and giving out candy for the answers. In the conference room there was a Winnie the Pooh video showing and coloring pages to work on. All in all it was a great success and I hope to have more programs such as this put on by the students of SJHS. We are seeing new faces coming in to the San Jacinto Library as tax season is upon us. People who never knew the library was here are discovering us and also getting their tax forms. We are in the process of getting our new Books on Tape on the shelves. Thanks to our Friends group we now have $1,000 worth of new unabridged Books on Tape/CD. We have also received our new Early Readers that the Friends donated money for and they are flying out the door. Library Assistant Brenda Ruvalcaba has sent coloring pages of the United States Presidents to a teacher to be colored by local elementary school students. The finished pages will a part of our Presidents Day display. We are hoping the students will come into the library to see their artwork on display. RIVERSIDE COUNTY TRANSPORTATION COMMISSION EXECUTIVE COMMITTEE (COMMISSIONERS MARION ASHLEY, CHRIS BUYDOS, BOB BUSTER, TERRY HENDERSON, ROBIN LOWE, JOHN TAVAGLIONE, JIM VENABLE, FRANK WEST, ROY WILSON) 8:30 A.M. (Note: Change in meeting time from 8:00 a.m. to 8:30 a.m.) Wednesday, February 11, 2004 County of Riverside Administrative Center Conference Room "A" 4080 Lemon Street, 3rd Floor, Riverside In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in an Executive Committee meeting, p/ease contact the Clerk of the Commission at (909) 787- 7141. Notification of at least 48 hours prior to meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting. 1. CALL TO ORDER 2. PUBLIC COMMENTS 3. AGREEMENT NO. 04-12-049, EMPLOYEE ASSISTANCE PROGRAM (EAP) SUBSCRIBER AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION Overview This item is to approve the agreement between the County of Riverside and the Riverside County Transportation Commission for the County to provide EAP services to Commission employees and their eligible dependents. 4. RESOLUTION NO. 04-007, RESOLUTION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO PROVIDE EMPLOYEE ASSISTANCE PROGRAM Overview This item is to amend the Commission's Personnel Rules to include the Employee Assistance Program. 5. ADJOURNMENT The next Executive Committee meeting is scheduled to be held at 8:00 a.m., on Wednesday, March 10, 2004, at the Riverside County Transportation Commission's Conference Room "A", 4080 Lemon Street, 3`d Floor, Riverside, California. RTA Riverside Transit Agency Riverside Transit Agency a - MeetingBoard of Directors e Meeting No. 2004-1A il‘ e January 22, 2004 2:00 p.m. 1825 Third Street Riverside, CA 92507 PLEASE NOTE: The Chairman of the Board kindly requests that cell phones be turned off during the meeting ITEM 1. CALL TO ORDER 2. SELF -INTRODUCTIONS 3. FLAG SALUTE 4. PUBLIC COMMENTS — NON -AGENDA ITEMS Members of the public may address the Board regarding any item within the subject matter jurisdiction of the Board; however, no action may be taken on off -agenda items unless authorized by law. Comments shall be limited to matters not listed on the agenda. Members of the public may comment on any matter listed on the agenda at the time that the Board considers that matter. Each person's presentation is limited to a maximum of three (3) minutes 5. PRESENTATION OF GAVEL TO DIRECTOR MOORE IN RECOGNITION OF HIS SERVICE AS BOARD CHAIRMAN AND PRESENTATION OF AWARD TO CHAIRMAN JON WINNINGHAM IN RECOGNITION OF FIVE YEARS OF SERVICE (P. 5) RECOMMENDATION RECEIVE COMMENTS MAKE PRESENTATION 6. APPROVAL OF MINUTES — NOVEMBER 20, 2003, BOARD MEETING (P. 6) APPROVE Any Person with a disability who requires a modification or accommodation in order to participate in this meeting should contact the RTA Clerk of the Board, telephone number (909) 565-5044, no less than two business days prior to this meeting to enable RTA to make reasonable arrangements to assure accessibility to this meeting. RTA BOARD OF DIRECTORS MEETING JANUARY 22, 2004 ITEM 7. 8. CHIEF EXECUTIVE OFFICER'S REPORT CONSENT CALENDAR All items on the Consent Calendar will be approved by one motion and there will be no discussion on individual items unless a Board member or member of the public requests a specific item be pulled from the calendar for separate discussion A. RTA Financial Profile — December 2003 (P. 14) B. Ridership Report - December 2003 (P. 27) C. Personnel Report - December 2003 (P. 33) D. Transportation Center Report — December 2003 (P. 38) E. On -Time Performance Report — December 2003 (P. 44) F. Board Administrative Committee Minutes November 12, 2003, Meeting (P. 50) G. Board Operations Committee Minutes December 3, 2003, Meeting (P. 52) H. ADA Quarterly Minutes — October 7, 2003, Meeting (P. 54) I. Transportation NOW Meeting Attendees — January (P. 56) J. Agency Credit Card Statement for December 2003 (P. 57) K. Investment Report — Period Ending December 31, 2003 (P. 58) PAGE 2 RECOMMENDATION RECEIVE REPORT RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RECEIVE AND FILE RTA BOARD OF DIRECTORS MEETING PAGE 3 JANUARY 22, 2004 ITEM L. Authorization to Enter into a Reciprocal Agreement with the City of Riverside for Compressed Natural Gas (CNG) Fueling (P. 59) Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (1/7/04 and 1/14/04 Meetings) RECOMMENDATION APPROVE M. Riverside Transit Agency (RTA) Investment Policy Update (P. 66) APPROVE Board Budget and Finance Committee Reviewed and Recommended (1/7/04 Meeting) N. Recommendation - Change of Service Provider for 401A Retirement Plan (P. 71) APPROVE Board Budget and Finance and Board Administrative Committees Reviewed and Recommended (1/7/04 and 1/14/04 Meetings) O. Information Security Policy (P. 73) APPROVE Board Administrative Committee Reviewed and Recommended (1/14/04 Meeting) CAPITALIZATION POLICY AMENDMENT - CHANGE IN MONETARY THRESHOLD FOR CAPITALIZATION OF RIVERSIDE TRANSIT AGENCY (RTA) ASSETS (P. 84) Board Budget and Finance Committee Reviewed and Recommended (1/7/04 Meeting) APPROVE 10. COMMENTS TO SCAG ON THE DRAFT 2004 REGIONAL TRANSPORTATION PLAN (P. 87) APPROVE Board Operations and Board Administrative Committees Reviewed and Recommended (1/7/04 and 1/14/04 Meetings) RTA BOARD OF DIRECTORS MEETING PAGE 4 JANUARY 22, 2004 ITEM 11. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) TO DISCUSS POSSIBLE TERMINATION OF APPROVED BID PROPOSAL 12. BOARD MEMBER COMMENTS AND REMARKS 13. ANNOUNCEMENTS 14. NEXT MEETING Regular Meeting of the RTA Board of Directors Thursday, February 26, 2004 2:00 p.m. RTA Conference Room 1825 Third Street Riverside, CA 92507-3484 15. ADJOURNMENT RECOMMENDATION WRCOG WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS „getoq lose ei'dl ov- EXECUTIVE COMMITTEE AGENDA Monday, February 2, 2004 2:00 p.m. County of Riverside 1st Floor Board Room CALL TO ORDER Chair Jim Venable PLEDGE OF ALLEGIANCE PUBLIC COMMENTS At this time members of the public may address the Executive Committee regarding any items within the subject matter jurisdiction of the Executive Committee which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Executive Committee on any matter, whether or not it appears on this agenda, Is requested to complete a "Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Executive Committee in writing and only pertinent points presented orally. MINUTES I.A Minutes from the December 1, 2003 Executive Committee meeting are available for consideration. Requested Action: Approve Minutes. M-1 CONSENT AGENDA II.A SANDAG/WRCOG Elgeritte Adidjaja Page 1 1-15 - Interregional Partnership Update Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected officials representing the Western Riverside Council of Governments (WRCOG) and the San Diego Association of Governments (SANDAG). The Partnership is funded by the State Department of Housing and Community Development and is intended to address jobs/housing balance issues. II.B II.0 Requested Action: Receive and file. Appointment to Countywide Barbara Spoonhour Page 3 Solid Waste management Advisory Committee Background: A vacancy on the Committee to be filled by WRCOG exists. Requested Action: 1. Appoint Barbara Spoonhour as WRCOG's representative to the Countywide Solid Waste Management Committee, and Danielle Maxson as alternate. 2. Direct staff to continue to solicit interest among jurisdictions in serving on the Committee. Solid Waste Cooperative Program Update Barbara Spoonhour Page 9 Background: In December, 2003, the California Integrated Waste Management Board (CIWMB) released the 2002 annual diversion numbers for WRCOG jurisdictions. Annual reports are being submitted to jurisdictional staff for review and need to be submitted to the CIWMB by February 2, 2004. Requested Action: Receive and file. II.D TUMF Update Ruthanne Taylor Berger Page 11 Background: Staff has provided updates on the current activities of the TUMF Program. Requested Action: Receive and file. II. E March Inland Port Ground Elgeritte Adidjaja Page 13 Access Study Background: The Southern California Association of Governments (SCAG issued a notice to proceed on a contract awarded to the Western Riverside Council of Governments and Katz, Okitsu, and Associates (KO&A) to study the ground access issues the March ARB. Requested Action: Receive and file. REPORTS/DISCUSSION III.A MSHCP Update Rick Bishop Page 17 Background: An update on the status of MSHCP adoption by jurisdictions and related issues will be provided. The initial meeting of the Riverside Conservation Authority will take place after the Executive Committee meeting. Requested Action: 1. Receive report. 2. Provide direction to staff if necessary. III.B WRCOG/OCCOG Alexa Washburn Page 19 SR-91 — Interregional Partnership Update Background: The Inter -regional Partnership (IRP) is a voluntary partnership between elected officials representing the Western Riverside Council of Governments (WRCOG) and the Orange County Association of Governments (OCCOG). The Partnership is funded by the State Department of Housing and Community Development and is intended to address jobs/housing balance issues. Requested Action: Receive report. III.0 Report from League of California Cities Page 61 Regional Representative Background: Dave Wil/mon Dave Willmon, the League of California Cities Regional Representative for Riverside County, will provide an update on activities being undertaken by the League of California Cities. Requested Action: Receive report. III.D Regional Transportation Plan Rick Bishop Page 63 Background: The Southern California Association of Governments (SCAG) has been preparing the 2004 Regional Transportation Plan. Requested Action: 1. Receive report. 2. Direct staff to transmit Draft RTP comments to SCAG prior to February 9, 2004. OTHER MATTERS IV. Items for Future Agendas Members Members are invited to suggest additional items to be brought forward for discussion at future Executive Committee meetings. V. General Announcements Members Members are invited to announce items/activities which may be of general interest to the Executive Committee. VI. Next Meeting: The Executive Committee will meet on March 1, 2004 at 2:00pm. VII. ADJOURNMENT REGIONAL CONSERVATION AUTHORITY "e O to ion Please end1- AGENDA Monday, February 2, 2004 3:30 p.m. County of Riverside Administrative Center Board Hearing Room 1. CALL TO ORDER WRCOG Chair Jim Venable 11. WELCOME AND INTRODUCTIONS 111. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENTS At this time members of the public may address the RCA Board of Directors regarding any items within the subject matter jurisdiction of the Board which are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized Items at the time the Item is called for discussion. NO action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per person and an overall time limit of twenty minutes for the Public Comments portion of the agenda. Any person wishing to address the Board on any matter, whether or not it appears on this agenda, is requested to complete a 'Request to Speak" form available at the door. The completed form is to be submitted to the Secretary prior to an individual being heard. Whenever possible, lengthy testimony should be presented to the Board in writing and only pertinent points presented orally. V. PROPOSED APPROACH TO TODAY'S RCA BOARD MEETING Requested Action: Operate on consensus of those attending today's meeting, and recognize that only those jurisdictions that have approved the Joint Powers Agreement establishing the Regional Conservation Authority are authorized to vote. VI. SELECTION OF INTERIM CHAIR AND VICE CHAIR Requested Action: Select Interim Chair and Vice Chair, subject to re -affirmation at the next scheduled RCA meeting when a majority of jurisdictions will have acted to approve the JPA establishing the Regional Conservation Authority. VII. MEETING SCHEDULE FOR 2004 Requested Action: Approve RCA Board Meeting Schedule for 2004, subject to re -affirmation at the next scheduled RCA meeting when a majority of jurisdictions will have acted to approve the JPA establishing the Regional Conservation Authority. H:1Meetings\MSHCP\Agendaslrca agendas041RCAag0202204.doc Vlll. CONSENT AGENDA No Consent Items for this Agenda IX. REPORTS IX.A MSHCP/JPA Adoption Status Requested Action: Receive report. IX.B MSHCP Overview/ Role of the RCA Requested Action: Receive report. IX.0 Legal Matters a. Status of "No Surprises" Ruling b. Local Action regarding MSHCP c. Legal Counsel IX.D Requested Action: 1. Receive reports. 2. Appoint Best, Best and Krieger as Interim Legal Counsel to serve the RCA Board through the end of the fiscal year. 3. Direct staff to prepare an RFQ for MSHCP legal services for Fiscal year 2004-05. Consideration of Resolution No. 04-01, a Resolution Of The Board Of Directors Of The Western Riverside County Regional Conservation Authority Making Responsible Agency Findings Pursuant To The California Environmental Quality Act For The Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Approving The Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Implementing Agreement, Adopting Environmental Findings Pursuant To The California Environmental Quality Act, And Adopting A Statement Of Overriding Considerations And Authorizing The Chair Of The Board To Execute The Implementing Agreement. Requested Action: Adopt Resolution 04-01, a Resolution Of The Board Of Directors Of The Western Riverside County Regional Conservation Authority Making Responsible Agency Findings Pursuant To The California Environmental Quality Act For The Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Approving The Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan And Implementing Agreement, Adopting Environmental Findings Pursuant To The California Environmental Quality Act, And Adopting A Statement Of Overriding Considerations And Authorizing The Chair Of The Board To Execute The Implementing Agreement. IX.E Discussion of Staffing Arrangements Requested Action: Discuss and provide further direction to staff. H:SMeetings\MSHCP\Agendas\rca agendas041RCAag0202204.doc ITEMS FOR NEXT MEETING XI. ITEMS FOR FUTURE AGENDAS Members Members are invited to suggest additional items to be brought forward for discussion at future Regional Conservation Agency meetings. XII. NEXT MEETING: March 1, 2004 4:00 p.m. 4080 Lemon St., Board Hearing Room XIII. ADJOURNMENT H:1Meetings\MSHCP1Agendaslrca agendas041RCAag0202204.doc SECOND ST DANA CT.: 11 -.i 1�• ' 7m'' M IR SEL GST ysEcoND tiT . E. m•T'St fir j9 ' 16 ' --H • 2 • - , , , r ' n UDL,+y IRO ST - THIRD ST _ TNIRDST Ip b '�I�I .:: - af L-.^ . It�i 4. -ai ," ia. a .MAW ST --1:- MAIN ST 5I MEAD Sf 4 SECOND ST SECOIOS7 THIRD tT THIRD ST CITY OF SAN JACINTO CITY COUNCIL Notice of Public Hearing CONDITIONAL USE PERMIT 03-03 PROPOSAL ENVIRONMENTAL DATE/TIME WHERE TO GO WHO TO CALL Subject Site The San Jacinto Street Retail Center project consists of the construction of a retail shopping center on an approximately 26.09 — acre site. After street frontage dedications are deducted, the project site totals 25.46 acres. The center includes a total of approximately 243,000 square feet of retail space comprised of a 218,000— square fool major retail store, three 5%st-foal Gl restaurants, restaurant, and a 12-pump ueling station. The 218,000 retail store and 12-position fueling station will be located on a 20.86 acre parcel. The fueling station will be located under a canopy cover and will include a kiosk totaling approximately 600 square feet. The remaining 4.6 acres of the site will be subdivided into four parcels consisting of freestanding retail pads. These parcels will contain a4,200— square foot fast-food restaurant with drive -through, a 9,000—square foot sit-down restaurant, and an 8,000 — square foot retail shop building (consisting of a mixture of food, service, and/or retail uses) with a drive -through. Alternative uses may be substituted for the fast food uses identified in the 4 parcels, including retail uses with or without drive through lanes. The proposed San Jacinto Retail Center will be located at the southeast corner of San Jacinto Street and Commonwealth Avenue Applicant Tom Moody, Adams Engineering Consultants 1902 Wright Place, Suite 200 Carlsbad, CA 92008 In accordance with the California Environmental Quality Act (CEQA) a draft EIR has been prepared for the San Jacinto Street Retail project. The Draft EIR discusses the proposed projects impacts on transportation/circulation, air quality, noise, biological resources, hydrology and water quality, and agricultural resources. All significant effects of the proposed project have been reduced to less than significant levels with implementation of mitigation, with the exception of transportation/circulation, air quality, noise and agriculture. Statement of Overriding Considerations will be prepared for adoption as to these issues. February 19, 2004 7:00 p.m. San Jacinto Unified School District Board Room 2045 S. San Jacinto San Jacinto, CA 92583 For additional information contact: Community Development Dept. 248 E. Main Street San Jacinto, CA 92583 (909) 487-7330 District Offices Dorothy Chouinard - Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road) Page 1 From: "Jeff S. Ballinger" <Jeff.Ballinger@bbklaw.com> To: "Dorothy Chouinard" <dchouinard@sanjacintoca.us> Date: 2/10/04 10:19PM Subject: Feb. 19, 2004 Agenda Item -- Closed Session Item (Cove Warren Road) Dorothy, Please add the following to the closed session agenda for Feb. 19, 2004: CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (One (1) or more potential cases) Thanks! Jeff Ballinger Best Best & Krieger 3750 University Avenue Riverside, CA 92502-1028 (909) 686-1450 Office (909) 686-3083 Fax ************o-»k******************************************mat********************** This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. **********«..<t*******.*******************,**************************************** CC: "Peter Cosentini" <pcosentini@sanjacintoca.us> NOTICE OF HEARING ON ANNEXATION OF PROPERTY TO LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2 OF THE CITY OF SAN JACINTO (ANNEXATION NO. 14) AND ASSESSMENTS PROPOSED TO BE LEVIED ON THAT PROPERTY FOR FISCAL YEAR 2003-04 NOTICE IS HEREBY GIVEN that at 7:00 o'clock p.m. on February 19, 2004 in the San Jacinto Unified School District Board Room at 2045 South San Jacinto Avenue, San Jacinto, California, the City Council of the City of San Jacinto ("City") will conduct a public hearing regarding the annexation of certain property, generally located at the northeast corner of Eagle Drive and Country Village Drive in the City of San Jacinto, County of Riverside, to Landscaping, Lighting and Park District No. 2 ("District") as Annexation No. 14 which, if annexed, will become Zone 14 of the District, and the assessments which are proposed to be levied on parcels of property in Zone 14 for fiscal year 2003-04. According to the City's records, you are the record owner of a parcel or parcels of property within Zone 14 which is or are subject to the levy of the proposed assessments. The total amount of the assessments which are proposed to be levied for fiscal year 2003-04 on parcels in Zone 14 is $481.97. The amount of the assessment which is proposed to be levied on each parcel in the District is $481.97 per unit of benefit. The assessments are proposed to be levied to pay the annual cost of the installation, operation, maintenance and servicing of street lighting and any other appurtenant improvements ("Improvements") in the District. The total amount of the assessments which are proposed to be levied on parcels of property in Zone 14 is equal to the amount of the estimated annual cost of the installation, operation, maintenance and servicing of the Improvements within Zone 14 for the 2003-04 fiscal year. The amount of the assessment which is proposed to be levied on each parcel in Zone 14 was calculated on the basis of the proportionate special benefit derived by the parcel in relationship to the entirety of the costs that are related to the installation, operation, maintenance and servicing of the Improvements for said fiscal year and was determined by dividing the estimated annual cost by the number of units of benefit within Zone 14. The assessments will be levied on all parcels within Zone 14 so long as such assessments are necessary to pay the annual cost of the installation, operation, maintenance and servicing of the Improvements in Zone 14. The City Council has determined that the amount of the assessment which will be levied per parcel for each parcel in Zone 14 in future fiscal years may be increased by the percentage increase in the Consumer Price Index - All Urban Consumers for the Los Angeles -Anaheim -Riverside Area provided that the amount of the assessment is not increased by more than seven and one-half percent (7 '%%) in any fiscal year and provided that the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the reasonable costs of the proportional special benefit conferred on the parcel. Property owners who vote Assessment Ballots in support of the levy of the proposed assessment will also be ORANGE/JR\ voting in support of such an increase in the annual amount of assessments to be levied in future fiscal years. At the conclusion of the public hearing, the City Clerk will tabulate the assessment ballots submitted, and not withdrawn, in support of or opposition to the levy of the proposed assessments. A majority protest will exist if the assessment ballots submitted, and not withdrawn, in opposition to the levy of the proposed assessments exceed the assessment ballots submitted, and not withdrawn, in favor of the levy of the proposed assessments, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot is submitted. If there is a majority protest against the levy of the proposed assessments, the property will not be annexed to the District and the City Council will not levy the proposed assessments on parcels of property within Zone 14. DATED: February 4, 2004 Jsl Dorothy Chouinard City Clerk City of San Jacinto ORANGE/JR\ City/County Code Section Ordinance Text Hemet 90-61(a) Whenever a structure which does not comply with the minimum development standards and site development requirements for the zone in which the structure is located, is damaged by fire, calamity, act of God or by the public enemy to the extent of 50 percent or less of the value of the structure as determined by the building official, based upon the latest International Conference of Building Officials Building Valuation Data Table, the structure may be restored. The restoration shall be started within 12 months from the date of damage and diligently pursued to completion. When the damage exceeds 50 percent or the structure is razed for any reason, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located. (Ord. No 1585, § 8-25-98) Riverside County 17.184.090(B) The provisions of this chapter [generally limiting increases to 25% of floor area, but imposing objective time limits on continuance of nonconformities] shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God; provided, however, any such rebuilding, reconstruction or repairing shall not extend the period of nonconforming time in which the use must be eliminated. (Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.8(h), (i)) Moreno Valley 9.02.180(G) 1. Whenever a legal nonconforming use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or less, the improvement may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the S:\jsb\San Jacinto Burn Policy Staff Report.doc nonconforming use shall not be resumed. 2. If the use or improvement is destroyed by fire, calamity or act of God, to the extent of fifty (50) percent or more, the use or improvement may not be restored except as provided for below in subparagraphs 5, 6, 7 and 8. 4. Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. 5. In any district, a legal nonconforming residential use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 6. In any district, a legal nonconforming place of worship or other quasi -public use or improvement destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within three years and diligently pursued to completion. 7. In any commercial district, a legal nonconforming commercial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 8. In any industrial district, a legal nonconforming industrial use destroyed by fire, calamity or act of God may be restored and the use may be resumed, provided that the restoration is started within one year and diligently pursued to completion. 9. Any legal nonconforming use or improvement restored after damage and allowed within this section is subject to review under an administrative plot plan and shall adhere to the following findings: a. The proposal shall not be for the purpose of increasing the number of living units on the property. b. The proposal shall benefit the health, safety and welfare of the occupants on the site, and not be detrimental to any surrounding properties. c. The proposal shall be architecturally compatible with the existing building. d. The proposal shall not displace required on -site parking, landscaping or other conforming Municipal Code requirements. S:\jsb\San Jacinto\Burn Policy Staff Report.doc e. Any legal nonconforming improvement rebuilt after destruction by fire, calamity, or act of God, shall to the degree feasible, be rebuilt to eliminate or reduce the nonconformity with the regulations for the district in which it is located. Colton 18.46.040 Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not reconstructed except in conformity with the provisions of this title. (Ord. 0-14-92 § 1 (Exh. A) (part), 1992) Indian Wells 21.90.030(e) A non -conforming building and/or structure which is damaged or partially destroyed by fire, explosion or man - induced or natural disaster to the extent of more than seventy-five percent (75%) of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this division. (Ord. 387 §1, 1996) Long Beach 21.27.090 Any building containing a nonconforming use or any nonconforming structure may be repaired and restored to its nonconforming state if the need for repairs or restoration shall be the result of fire, explosion, earthquake, imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or abatement of earthquake hazard in accordance with City regulations. Such restoration shall comply with the following conditions: A. Level Of Restoration. The damaged use or structure may be repaired or rebuilt to the area and footprint of the previous use or structure. Alternatively, the use or structure may be repaired or rebuilt to a more conforming area or footprint. B. Additional Floor Area Added. If during restoration and/or reconstruction additional floor area is added, the use or structure shall abandon its nonconforming status. C. Time Limit. The repairs must be commenced within one year of the event causing damage to the use or structure, and the repairs must be diligently pursued until completed. (Ord. C-7663 § 5, 1999). Murrieta 16.32.050(B) If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied S:\jsb\San Jacinto\Burn Policy Staff Report.doc only as follows: 1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and 2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration. (Ord. 182 § 2 (part), 1997) Ontario 9-1.0710(b) A legal nonconforming structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than fifty percent (50%) of fair market value or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within six (6) months, unless extended by the Zoning Administrator, and diligently pursued. In the event that the cost of repairing such damage exceeds fifty percent (50%) of the value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density subject to the following conditions: (1) The Planning Commission, after holding a public hearing, finds that continuing the nonconforming use will not result in an annoyance to and/or reduction of, any surrounding property. A public hearing and Planning Commission findings, pursuant to division (b) of this section, shall not be required for a parcel of land that is designated for a residential land use on the General Plan and contains six (6) or fewer dwelling units; (2) The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of S:\jsb\San Jacinto\Burn Policy Staff Report.doc restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official; and (3) The restoration is commenced within six (6) months and diligently pursued to completion. (4) Nothing in this section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance. A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of ninety (90) or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code. Temecula 17.03.070(G) 1. Whenever a structure which does not comply with the development standards for front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the development standards for the zone in which the structure is located, or the use of which does not conform with the development standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty percent or more, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the development standards for the zone in which it is located and the nonconforming use shall not thereafter be resumed. 2. The extent of damage or partial destruction shall be based upon the ratio of fifty percent of the estimated replacement cost of restoring the structure to its condition prior to such damage or partial destruction, or to fifty percent of the estimated cost of duplicating the entire structure as it existed prior to said damage or partial destruction. Estimates for this purpose shall be made by S:\jsb\San Jacinto\Burn Policy Staff Report.doc or shall be reviewed and approved by the building official, and shall be based on the minimum cost of construction in compliance with the city's building code as the same exists on the date the estimates are submitted. 3. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. (Ord. 95- 16 § 2 (part)) S:\jsb\San Jacinto\Burn Policy Staff Report.doc • REQUEST TO SPEAK CITY COUNCIL AGENDA ITEM #: SUBJECT: Sa IAQCL yi b PioL DATE: 2/'JG/04F IN FAVOR: p11 Name: 9 Lira iA CI NEUTRAL: ❑ IN OPPOSITION: 0 Representing: Scr TOf iYt--D NI� J_ Address: 1 ( I'V . PO City: . `777 Telephone No.: ZC �` 7 R— Individual speakers are limited to three minutes for their presentation. Organized presentations with more than one speaker are limited to 15 minutes, at the discretion of the Mayor and Council. When speaking, be brief, stay on the subject. The Mayor will call you to speak at the appropriate time. Please make your presentation from the microphone. HAND SPEAKER SLIPS TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. AGENDA REGULAR MEETING SAN JACINTO REDEVELOPMENT AGENCY FEBRUARY 19, 2004 Immediately Following the Regular City Council Meeting San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: Now is the time for the public to address the Agency on any subject not listed on the agenda. Any person may address the Agency on any subject pertaining to Redevelopment Agency business not listed on the Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Agency Directors. 4. CITY DEPARTMENTS None 5. CONSENT CALENDAR The matters listed under Consent Calendar are considered routine and will be enacted by one motion by Agency Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests a specified item be removed and/or discussed. Anyone wishing to discuss a consent calendar item should come forward upon invitation of the Agency Chairman; state their name, address and the consent calendar item number. Speakers should limit comments to three (3) minutes. Redevelopment Agency Agenda February 5, 2004 Page 2 of 2 5.1 February 5, 2004 Regular Meeting Minutes / Approve / Agency Secretary 5.2 Structural Analysis and Detailed Inspection of the San Jacinto Museum Building — 181 E Main Street / Approve and appropriate $6,000 in unallocated Redevelopment Agency Funds / Community Development Director 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION None 8. ADJOURNMENT 1, Doigor.4 4. eiwagaut, gamma, 4 ae Sao Patiotel Redevetoftmeost ,49e4e4, do 4ere4 cm*/ ale 1 eauded to de fioated rice Ane9o4t9 afeeda tice 13t4 dew 06 elerwaitey, 2004, ad. Teri/zed 4 ea.as. A BOA 6.1 MINUTES REGULAR MEETING SAN JACINTO REDEVELOPMENT AGENCY FEBRUARY 5, 2004, 8:58 p.m. San Jacinto Unified School District Board Room 2045 South San Jacinto Avenue, San Jacinto, California 1. ORGANIZATION 1.1 Call to Order Chairman Jim Ayres called the Regular Meeting of the Redevelopment Agency to order at 8:58 p.m. 1.2 Roll Call Present: Jim Ayres, Chris Carlson-Buydos, Jim Conner, Ken Shaw Absent: Dale Stubblefield 2. PUBLIC COMMENTS None 3. PUBLIC HEARING: None 4. CITY DEPARTMENTS None 5. CONSENT CALENDAR 5.1 January 22, 2004 Regular Meeting Minutes / Approve / Agency Secretary M/S/C (Carlson-Buydos / Ayres) moved to approve the Agenda Item 5.1 as submitted. Motion carried 4/0. Ayes: Carlson-Buydos, Conner, Shaw, Ayres Redevelopment Agency Minutes February 5, 2004 Page 2 of 2 Nays: Absent: Abstain: None Stubblefield None 6. CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS None 7. OPEN SESSION ANNOUNCEMENTS CLOSED SESSION None 8. ADJOURNMENT With no further business coming before the Agency, Chairman Ayres adjourned the meeting at 8:59 p.m. San Jacinto Redevelopment Agency by Jim Ayres, Chairman ATTEST: Dorothy L. Chouinard, Agency Secretary City Manager: AGENDA ITEM 5' cP-- February 19, 2004 TO: The Honorable President and Members of the City of San Jacinto Redevelopment Agency Board of Directors Ari FROM: Tim Hults, Community Development Director N' SUBJECT: Appropriation of Funds to Conduct a Structural Analysis and a Detailed Inspection of the San Jacinto Museum Building RECOMMENDATION: By motion, appropriate $6,000 in unallocated Redevelopment Agency funds to cover the cost of a Structural Analysis and a Detailed Inspection of the San Jacinto Museum Building. BACKGROUND: Recently, during heavy rains an extensive leak occurred at the Museum building. While evaluating the cause of the leak, it was determined that extensive and prolonged damage has resulted to the building from poor or incomplete construction of the perimeter walls. The damage is the result of inadequate weatherproofing to the exterior walls when the building was constructed. The appropriation of funds will provide for a complete structural analysis and physical evaluation of the building. The analysis will include the following scope of activities: 1. Remove and replace sections of the roof to ascertain or verify structural integrity. 2. Remove and replace sections of the exterior walls to check for dry rot and/or other damage to structural support members. 3. Inspect and analyze decorative rock façade in the front of the building to determine structural integrity. 4. Conduct a pachometer test of the rear exterior block wall of the building to determine if structural rebar reinforcement has been placed to ensure seismic stability. Finance Director: ik) Page 1 of 2 It is important to note, that the firm hired to conduct the analysis will replace only those areas of the roof or walls removed as necessary to conduct the appropriate inspection. The replacement will not include complete reconstruction, but will provide adequate and appropriate weather protection. Any reconstruction or rehabilitation of the building would occur only after the structural analysis has been reviewed and approved by City Council or Redevelopment Agency Board of Directors and an action plan related thereto has been developed. JUSTIFICATION: The analysis is necessary to determine the extent of structural damage to the building, and whether or not it would be prudent and/or cost effective to rehabilitate the building. BUDGETARY IMPACT: The estimated cost of the structural analysis is $5,700. The source of funds is unallocated Redevelopment Agency monies. ATTACHMENTS: None Page 2 of 2